Chapter 57, Article 22 NMSA 1978 may be cited as the “Charitable Solicitations Act”. History: Laws 1983, ch. 140, § 1; 1999, ch. 124, § 1. ANNOTATIONS The 1999 amendment, effective July 1, 1999, substituted “Chapter 57, Article 22 NMSA 1978” for “This act”, and deleted “Organizations and” preceding “Solicitations Act”. Am. Jur. 2d, A.L.R. […]
All officers, directors, managers, trustees, professional fundraisers, professional fundraising counsel or other persons having access to the money of a charitable organization intended for use for charitable purposes shall be held to the standard of care defined for fiduciary trustees under common law. History: Laws 1983, ch. 140, § 10; 1999, ch. 124, § 10. […]
Every officer, agency, board or commission of this state, or political subdivision of this state receiving applications for exemption from taxation shall provide to the attorney general copies of all the applications, supporting documents and official responses. History: Laws 1983, ch. 140, § 11; 1999, ch. 124, § 11. ANNOTATIONS The 1999 amendment, effective July […]
The purpose of the Charitable Solicitations Act is to authorize the attorney general to monitor, supervise and enforce the charitable purposes of charitable organizations and regulate professional fundraisers operating in this state. History: Laws 1983, ch. 140, § 2; 1999, ch. 124, § 2. ANNOTATIONS The 1999 amendment, effective July 1, 1999, deleted the introductory […]
As used in the Charitable Solicitations Act: A. “charitable organization” means any entity that has been granted exemption from the federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or identifies itself to the public as having […]
A. The Charitable Solicitations Act shall not apply to a religious organization, even if it is a charitable organization. B. Exempt from the registration and reporting requirements of the Charitable Solicitations Act are: (1) educational institutions and organizations defined in Section 6-5A-1 NMSA 1978; and (2) persons soliciting for an individual or group that has […]
The attorney general shall establish and maintain a register of all documents filed by charitable organizations in accordance with the Charitable Solicitations Act. The register shall be open to public inspection except that the attorney general may withhold from public inspection documents or information obtained in the course of an investigation undertaken pursuant to the […]
A. A charitable organization existing, operating or soliciting in the state, unless exempted by Section 57-22-4 NMSA 1978, shall register with the attorney general on a form provided by the attorney general; correct any deficiencies in its registration upon notice of deficiencies provided by the attorney general and provide a copy of its IRS Form […]
A. Professional fundraisers shall, before entering into a contract with any charitable organization, except a religious organization, to solicit for or on its behalf: (1) register with the attorney general on a form provided by the attorney general; (2) file with the attorney general a surety bond pursuant to the Charitable Solicitations Act; and (3) […]
A professional fundraiser shall file a surety bond at the time of the registration with the attorney general in an amount and on a form provided by the attorney general. The professional fundraiser shall maintain the surety bond, or alternative financial assurances approved by the attorney general, as long as the professional fundraiser solicits in […]
A charitable organization or a professional fundraiser shall not: A. engage in deceptive fundraising practices, meaning any false or misleading verbal or written statement, description or representation of any kind knowingly made in connection with a solicitation and that may, tends to or does deceive or mislead any person and includes: (1) using the name […]
A. At least every six months, the professional fundraiser shall account in writing to the charitable organization for all contributions received and all expenses incurred under their contract. The charitable organization shall maintain a copy of the accounting of contributions and expenses for three years and make it available to the attorney general upon request. […]
No solicitation for charitable purposes shall use the fact or requirement of registration or of the filing of any report with the attorney general pursuant to the Charitable Solicitations Act with the intent to cause or in a manner tending to cause any person to believe that the solicitation, the manner in which it is […]
A. All charitable organizations subject to the Charitable Solicitations Act shall disclose upon request the percentage of the funds solicited that are spent on the costs of fundraising. For purposes of this section, costs of fundraising shall include all money directly expended on fundraising and that portion of all administrative expenses and salaries of the […]
A. The attorney general may, on behalf of the state, examine and investigate any charitable organization subject to the Charitable Solicitations Act to ascertain the conditions of its affairs and to what extent, if at all, it fails to comply with the trusts that it has assumed or if it has departed from the purposes […]
A. Whenever the attorney general has reason to believe that any person may be in possession, custody or control of information or documentary material, including an original or copy of any book, record, report, memorandum, paper, communication, tabulation, chart, photograph, mechanical transcription or other tangible document or recording, that the attorney general believes to be […]
The attorney general may exchange information obtained by the civil investigative demand with comparable authorities of other states or the federal government regarding charitable organizations, professional fundraisers and professional fundraising counsel. Information acquired by exchange with other states or the federal government shall be exempt from inspection pursuant to the Inspection of Public Records Act […]
