Effective 5/10/2016 13-22-11. Expiration of registration and permits. (1) Each charitable organization registration issued under this chapter expires annually on the earlier of January 1, April 1, July 1, or October 1 following the completion of 12 months after the date of initial issuance. (2) Each professional fund raiser’s permit issued under this chapter expires […]
13-22-12. Grounds for denial, suspension, or revocation. (1) The director may, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, issue an order to deny, suspend, or revoke an application, registration, permit, or information card, upon a finding that the order is in the public interest and that: (a) the application for registration or […]
13-22-13. Prohibited practices. In connection with any solicitation, each of the following acts and practices is prohibited: (1) stating or implying that registration constitutes endorsement or approval by the division or any governmental entity; (2) violating any of the requirements of this chapter or any rule made under this chapter; (3) making any untrue statement […]
13-22-14. Accuracy not guaranteed. (1) By issuing a permit, the state does not guarantee the accuracy of any representation contained in the permit, nor does it warrant that any statement made by the holder of the permit is truthful. The state makes no certification as to the charitable worthiness of any organization on whose behalf […]
Effective 5/12/2015 13-22-15. Financial reports required. (1) (a) Except as provided in Subsection (1)(c), as part of a charitable organization’s application for registration or renewal of registration described in Section 13-22-6, each charitable organization shall file: (i) an annual financial report on a form prescribed by the division; (ii) an IRS Form 990, 990EZ, 990N, […]
Effective 5/12/2015 13-22-16. Separate accounts and receipts required. (1) (a) Each professional fund raiser shall segregate and maintain all contributed funds in an account held separately from the professional fund raiser’s operating account. (b) Each contribution in the control or custody of the professional fund raiser shall, no later than 10 days after the day […]
13-22-17. Written agreement required. (1) A professional fund raiser may only engage in activities on behalf of a charitable organization through written agreement with the organization. (2) A professional fund raising counsel or consultant may only engage in activities on behalf of a charitable organization through written agreement with the organization. (3) A charitable organization […]
13-22-18. Local ordinance. This chapter does not prohibit any political subdivision of the state from enacting any ordinance regulating the solicitation of contributions within the subdivision’s boundaries so long as the ordinance only coordinates enforcement of this chapter with the division. Enacted by Chapter 280, 1993 General Session
13-22-19. Reciprocal agreements. (1) The division may convey or exchange information obtained under this chapter with other agencies having regulatory authority over charitable organizations. (2) The division may accept information that a charitable organization or professional fund raiser files in another state or with any federal agency or other organization in place of substantially similar […]
Effective 3/19/2018 13-22-21. Appeal on behalf of individual. (1) If a charitable campaign consisting of exempt solicitations for the relief or benefit of a named individual, as described in Subsection 13-22-8(1)(c), collects proceeds in excess of $5,000, the organizer of the campaign shall give the division written notice of the following: (a) the organizer’s name […]
13-22-22. Charitable sales promotions. (1) Every charitable organization which agrees to permit a charitable sales promotion to be conducted by a commercial co-venturer on its behalf shall file with the division a notice of the promotion prior to its commencement within this state. The notice shall state: (a) the names of the charitable organization and […]
13-22-23. Fiduciary capacity. Every person soliciting, collecting, or expending contributions for charitable purposes, and every officer, director, trustee, or employee of any person concerned with the solicitation, collection, or expenditure of those contributions, shall be considered to be a fiduciary and acting in a fiduciary capacity. Enacted by Chapter 210, 2001 General Session
13-22-3. Investigative and enforcement powers — Education. (1) The division may make any investigation it considers necessary to determine whether any person is violating, has violated, or is about to violate any provision of this chapter or any rule made or order issued under this chapter. As part of the investigation, the division may: (a) […]
13-22-4. Violation a misdemeanor — Damages. (1) A person who willfully violates any provision of this chapter, either by failing to comply with any requirement or by doing any act prohibited in the chapter, is guilty of a class B misdemeanor. Each day the violation is committed or permitted to continue constitutes a separate punishable […]
Effective 3/19/2018 13-22-5. Registration or permit required. (1) (a) An organization may not engage in an activity described in Subsection (1)(b) unless the organization is: (i) exempt under Section 13-22-8; or (ii) registered with the division in accordance with this chapter. (b) Unless an organization meets the requirements of Subsection (1)(a), the organization may not […]
Effective 5/12/2020 13-22-6. Application for registration. (1) An applicant for registration or renewal of registration as a charitable organization shall: (a) pay an application fee as determined under Section 63J-1-504; and (b) submit an application on a form approved by the division which shall include: (i) the organization’s name, address, telephone number, facsimile number, if […]
Effective 3/19/2018 13-22-9. Professional fund raiser’s or fund raising counsel’s or consultant’s permit. (1) A person applying for or renewing a permit as a professional fund raiser or a professional fund raising counsel or consultant shall: (a) pay an application fee as determined under Section 63J-1-504; and (b) submit a written application, verified under oath, […]
