Professional Fund Raiser/Counsel/Consultant

A professional fund raiser is defined by the Charitable Solicitations Act to mean a person who:

1. for compensation or any other consideration, for or on behalf of a charitable organization or any other person:
   
   1. solicits contributions; or
   2. promotes or sponsors the solicitation of contributions;
2. for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; and
   
   1. at any time has custody of a contribution for the charitable organization;
3. engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization;
4. manages, supervises, or trains any solicitor whether as an employee or otherwise; or
5. uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes.
   1. "Professional fund raiser" does not include:
      1. an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-time employee of a charitable organization;
      2. an attorney, investment counselor, or banker who, in the conduct of that person's profession, advises a client regarding legal, investment, or financial advice; or
      3. a person who tangentially prepares materials, including a person who:
         1. makes copies;
         2. cuts or folds flyers; or
         3. creates a graphic design or other artwork without providing strategic or campaign-related input.

The Charitable Solicitations Act A defines a professional fund raising counsel/consultant to mean:

1. for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person;
2. does not solicit contributions;
3. does not at any time have custody of a contribution from solicitation; and
4. does not employ, procure, or engage any compensated person to solicit or receive contributions.
   
   1. "Professional fund raising counsel or consultant" does not include:
      
      1. an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-time employee of a charitable organization;
      2. an attorney, investment counselor, or banker who, in the conduct of that person's profession, advises a client regarding legal, investment, or financial advice; or
      3. a person who tangentially prepares materials, including a person who:
         
         1. makes copies;
         2. cuts or folds flyers; or
         3. creates a graphic design or other artwork without providing strategic or campaign-related input.

The primary difference between these two types of professional fundraising companies is that a professional fund raiser generally solicits contributions for charitable purposes, whereas a professional fund raising counsel/consultant does not conduct any solicitations. Please see the other FAQ and/or the Charitable Solicitations Act for a complete definition of the two types of professional fundraising companies.

Yes, as pursuant the Charitable Solicitations Act, 13-22-17

Yes. The financial information requested in the application are the financials for the fundraising company providing the service to each charitable organization.

Yes, if that is the primary function of your business.

No, there is no application. If your company is regularly and primarily engaged in trade or commerce, other than in connection with the soliciting for charitable organizations or purposes, submit a letter. The letter needs to be written on your company letterhead and provide documentation that supports your claim: such as the percent ratio of the sales from fundraising activities compared to other sales.

The registered agent is a person or service corporation that accepts service or process on your behalf.