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Professional Fund Raiser/Counsel/Consultant

Before any person or entity can act as a professional fund raiser or professional fund raising counsel or professional fund raising consultant, whether or not representing an exempt charitable organization, that person or entity must obtain a permit from the division as required by the Charitable Solicitations Act.

 

Frequently Asked Questions   (click question to view answer)

A: 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;
    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; and
    2. at any time has custody of a contribution for the charitable organization;
  2. engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization;
  3. manages, supervises, or trains any solicitor whether as an employee or otherwise; or
  4. 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.

A: 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,bdirector, 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.

A: 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.

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

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

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

A: 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.

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

 

Registration Forms
Fund Raiser Permit Application

Lists
Registered Fund Raisers

Statutes & Rules
Charitable Solicitation Act, Utah Code Ann. §13-22
Charitable Solicitation Act Rules, UT Admin Code R152-22

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