§29-19-1. Short Title
This article shall be known and may be cited as the "Solicitation of Charitable Funds Act."
§29-19-10. Information Filed to Become Public Records
Registration statements and applications, reports, professional fund-raising counsel contracts or professional solicitor contracts, and all other documents and information required to be filed under this article or by the Secretary of State shall become public records in the office of the Secretary of State, and shall be open to the general public for inspection at […]
§29-19-11. Records to Be Kept by Charitable Organizations, Professional Fund-Raising Counsel and Professional Solicitors
Every charitable organization, professional fund raising counsel and professional solicitor subject to the provisions of this article shall, in accordance with the rules prescribed by the Secretary of State, keep true fiscal records as to its activities in this state as may be covered by this article in such form as will enable it accurately […]
§29-19-12. Reciprocal Agreements
The Secretary of State may enter into reciprocal agreements with the appropriate authority of any other state for the purpose of exchanging information with respect to charitable organizations, professional fund-raising counsel and professional solicitors. Pursuant to such agreements the Secretary of State may accept information filed by a charitable organization, professional fund-raising counsel or professional […]
§29-19-13. Prohibited Acts
(a) No charitable organization, professional fund-raising counsel or professional solicitor subject to the provisions of this article may use or exploit the fact of registration so as to lead the public to believe that such registration in any manner constitutes an endorsement or approval by the state. (b) No person may, in connection with the […]
§29-19-14. Nonresident Charitable Organizations, Professional Fund-Raising Counsel and Solicitors; Designation of Secretary of State as Agent for Service of Process; Notice of Such Service by Attorney General
Any charitable organization or professional fund-raising counsel or professional solicitor having its or his or her principal place of business without the state, or organized under and by virtue of the laws of a foreign state, which or who shall solicit contributions from people in this state, is subject to the provisions of this article […]
§29-19-15. Enforcement and Penalties
(a) The Secretary of State, upon his or her own motion, or upon complaint of any person, may, if he or she finds reasonable ground to suspect a violation, investigate any charitable organization, professional fund-raising counsel or professional solicitor to determine whether such charitable organization, professional fund-raising counsel or professional solicitor has violated the provisions […]
§29-19-15a. Private Actions and Class Actions
(a) Any person who suffers injury or damages as a result of acts or practices in violation of the provisions of this article may bring a civil action against the charitable organization, professional fund raiser, or professional solicitor engaged in such acts or practices. The person may recover such damages sustained as a result of […]
§29-19-15b. Civil Penalty for Intentional Violations
In any action brought pursuant to the provisions of this article, if the court finds that intentional violations have occurred, the state, upon petition to the court and in addition to any damages awarded any party or parties, may recover attorney fees and a civil penalty not exceeding three times the amount collected in that […]
§29-19-1a. General Purpose
The purpose of this article is to protect the people of the State of West Virginia by requiring full public disclosure by persons and organizations who solicit funds from the public and the purposes for which such funds are solicited and how they are actually used, and to prevent deceptive and dishonest statements and conduct […]
§29-19-2. Definitions
As used in this article: (1) “Audit” means the systematic examination of records and documents and the securing of other evidence by confirmation, physical inspection, or otherwise, that includes a written assurance that financial statements and reports are fairly presented in conformity with generally accepted accounting principles issued by the American Institute of Certified Public […]
§29-19-5. Registration of Charitable Organizations; Fee
(a) Every charitable organization, except as provided in section six of this article, which intends to solicit contributions, donations or grants within this state or to have funds solicited or received on its behalf shall, prior to any solicitation, register with the Secretary of State, in a manner or method authorized and upon forms prescribed […]
§29-19-6. Certain Persons and Organizations Exempt From Registration
NOTE: West Virginia Code 29-19-6 was amended by two bills passed during the 2020 Regular Session of the Legislature. When two acts of the Legislature amend the same section of the Code without express recognition in the bill of the action of the other bill, the Legislative Manager makes no determination as to the appropriate, […]
§29-19-7. Filing of Solicitation Contracts
(a) Every written contract or agreement between professional fund-raising counsel and a charitable organization shall be filed by the professional fund-raising counsel with the Secretary of State within ten days after said parties have entered into such contract or agreement. (b) Every written contract or agreement between a professional solicitor and a charitable organization shall […]
§29-19-8. Limitations on Activities of Charitable Organizations
No charitable organizations subject to this article may solicit funds from the public except for charitable purposes or expend funds raised for charitable purposes not stated in its solicitation materials. All registered charitable organizations and their professional fund raisers and solicitors are required to disclose in writing: (1) The name of a representative of the […]
§29-19-9. Registration of Professional Fundraising Counsel and Professional Solicitor; Bonds; Records; Books
(a) No person may act as a professional fundraising counsel or professional solicitor for a charitable organization subject to the provisions of this article unless he or she has first registered with the Secretary of State. The registration application shall be submitted in a manner or method authorized by the Secretary of State and contain […]