The Law of Fundraising. Bruce R. Hopkins. Читать онлайн. Newlib. NEWLIB.NET

Автор: Bruce R. Hopkins
Издательство: John Wiley & Sons Limited
Серия:
Жанр произведения: Экономика
Год издания: 0
isbn: 9781119873457
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charitable organization usually is defined for these purposes as any person organized and operated for a charitable 10 purpose. The word person is then broadly defined, employing terms such as individual, organization, trust, foundation, association, partnership, corporation, firm, company, society, league, or other group or combination acting as a unit.

      These laws usually operate even in the absence of a soliciting charitable organization. That is, anyone soliciting for a charitable purpose generally is required to be in compliance with one or more of these statutes.

      Another key term usually defined in a charitable solicitation act is the word solicitation. Solicitation generally is broadly defined. This fact is evidenced not only by the express language of the definition but also by application of these acts to charitable solicitations conducted, in common terminology, “by any means whatsoever.” A solicitation can be oral or written. It can take place by means of an in-person request, mail, email, facsimile, advertisement, other publication, television, radio, telephone, or other medium. Contemporary debate over the legal consequences of charitable solicitation over the Internet highlights the importance and scope of the word solicitation.

      Usually, the word solicitation is used in tandem with the word contribution. The term may, however, encompass the pursuit of a grant from a private foundation, other nonprofit organization, or government department or agency. About a dozen states exclude the process of applying for a governmental grant from the term solicitation. Occasionally, state law will provide that the word contribution includes a grant from a governmental agency or will exclude the pursuit of a grant from a private foundation. Thus, a charitable organization seeking this type of financial assistance should explore the need to register pursuant to one or more charitable solicitation acts before submitting the grant proposal.

      It is clear, although few solicitation acts expressly address the point, that the definition of solicitation entails seeking a charitable gift. There is no requirement that the solicitation be successful; that is, that the request actually results in the making of a gift.

      A few charitable solicitation acts include a definition of the term sale (or sell or sold). A statute may provide that a sale means the transfer of any property or the rendition of any service to any person in exchange for consideration. This may be said to include any purported contribution without which the property would not have been transferred or the services would not have been rendered.

      Dues, being payments for services, are not contributions. The term dues embraces payments by members of an organization in the form of membership dues, fees, assessments, or fines, as well as fees for services rendered to individual