State Licensing Disclosures

If you are a resident of one of the following states, you may obtain information as follows:

 

ALASKA

Disclosures only required by paid solicitors (§ 45-68-030) which SHI does not use.

ALABAMA

Disclosures only required are labels on containers in a public place used for soliciting funds (§ 45-68-030).

ARKANSAS

Disclosures only required by paid solicitors (§ 4-28-409) which SHI does not use.

CALIFORNIA

(a)Prior to any solicitation or sales solicitation for charitable purposes, the solicitor or seller shall exhibit to the prospective donor or purchaser a card entitled “Solicitation or Sale for Charitable Purposes Card.” The card shall be signed and dated under penalty of perjury by an individual who is a principal, staff member, or officer of the soliciting organization. The card shall give the name and address of the soliciting organization or the person who signed the card and the name and business address of the paid individual who is doing the actual soliciting.

In lieu of exhibiting a card, the solicitor or seller may distribute during the course of the solicitation any printed material, such as a solicitation brochure, provided the material complies with the standards set forth below, and provided that the solicitor or seller informs the prospective donor or purchaser that the information as required below is contained in the printed material.

Information on the card or printed material shall be presented in at least 10-point type and shall include the following:

(1)The name and address of the combined campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes.

(2)If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes.

(3)The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state law.

(4)The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible the card shall state that “This contribution is not tax deductible.”

(5)If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term “officer,” “peace officer,” “police,” “law enforcement,” “reserve officer,” “deputy,” “California Highway Patrol,” “Highway Patrol,” “deputy sheriff,” “firefighter,” or “fire marshall,” which would reasonably be understood to imply that the organization is composed of law enforcement or firefighting personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear.

(6)If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term “veteran” or “veterans,” which would reasonably be understood to imply that the organization is composed of veterans, the solicitor shall give the total number of members in the organization and the number of members working or living within the county where the solicitation is being made. This paragraph does not apply to federally chartered or state incorporated veterans’ organizations with 200 or more dues paying members or to a thrift store operated or controlled by a federally chartered or state incorporated veterans’ organization. This paragraph does not apply to any state incorporated community-based organization that provides direct services to veterans and their families and qualifies as a tax-exempt organization under Section 501(c)(3) or 501(c)(19) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code.

(b)Knowing and willful noncompliance by any individual volunteer who receives no compensation of any type from or in connection with a solicitation by any charitable organization shall subject the solicitor or seller to the penalties of the law.

(c)When the solicitation is not a sales solicitation, any individual volunteer who receives no compensation of any type from, or in connection with, a solicitation by any charitable organization may comply with the disclosure provisions by providing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, by stating the charitable purposes for which the solicitation is made, and by stating to the person solicited that information about revenues and expenses of the organization, including its administration and fundraising costs, may be obtained by contacting the organization’s office at the address disclosed. The organization shall provide this information to the person solicited within seven days after receipt of the request.

(d)A volunteer who receives no compensation of any type from, or in connection with, a solicitation or sales solicitation by a charitable organization which has qualified for a tax exemption under Section 501(c)(3) of the Internal Revenue Code of 1954, and who is 18 years of age or younger, is not required to make any disclosures pursuant to this section.

(e)If any provision of this section or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.

COLORADO

The book we have indicates that the disclosure I have included with the state Disclosure Statements is required. However, when I review the Colorado information online, I can’t find anything that indicates disclosures are required. It appears to me that disclosures are only required if you use a paid solicitor, which SHI doesn’t use.

FLORIDA

The Florida Solicitation of Contributions Act requires registered charities to conspicuously display their registration number and the disclosure statement below on every solicitation, confirmation, receipt, or reminder of a contribution, including websites. s. 496.411, F.S.

“A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.”

The disclosure statement must include a toll-free number and website for the Division of Consumer Services which can be used to obtain the registration information.

• 1-800-HELP-FLA (435-7352)
• www.FloridaConsumerHelp.com (Note: This will replace www.800helpfla.com. If you have solicitation materials with www.800helpfla.com in the disclosure, you may continue to use them. This website will remain active as charities transition to the new web address.)

If the solicitation occurs on a website, the statement must be conspicuously displayed on any webpage that identifies a mailing address where contributions are to be sent, identifies a telephone number to call to process contributions, or provides for online processing of contributions. . If you have any questions or require assistance, please contact us at 800-435-7352 or via email at cscompliance@freshfromflorida.com. Failure to comply with these requirements could result in penalties up to $5,000.

GEORGIA

GEORGIA STATUTES AND CODES

§ 43-17-8 – Disclosures required

(a) Every charitable organization, paid solicitor, or solicitor agent required to be registered under this Code section, at the time of any solicitation that occurs in or from this state, shall include the following disclosures:

(1) The name and location of the paid solicitor and solicitor agent, if any;

(2) The name and location of the charitable organization for which the solicitation is being made;

(3) That the following information will be sent upon request:

(A) A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and

(B) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and

(4) If made by a solicitor agent or paid solicitor, that the solicitation is being made by a paid solicitor on behalf of the charitable organization and not by a volunteer and inform the person being solicited that the contract disclosing the financial arrangements between the paid solicitor and the charity is on file with and available from the Secretary of State.

(b) This Code section shall not apply to charitable solicitations subject to and in compliance with the provisions of Code Section 43-17-8.1.

MARYLAND

Under section 6-411 of the Maryland Solicitations Act, a charitable organization is required to include on all written solicitations and receipts a disclosure statement. The statement must be conspicuously displayed on the solicitation and receipt.

Section 6-101(g) specifies the content of the disclosure statement. Each disclosure statement must include:

(1) A statement that a copy of the current financial statement of the charitable organization is available on request;

(2) The name of the charitable organization and the address and telephone number where requests for a copy of the financial statement should be directed; and

(3) A statement that, for the cost of copies and postage, documents and information submitted under the Act are available from the Secretary of State.

The following is a sample disclosure statement which satisfies the requirements of section 6-101(g).

A copy of the current financial statement of [name of charity] is available by writing [address where requests should be directed] or by calling (XXX) XXX-XXXX. Documents and information submitted under the Maryland Solicitations Act are also available, for the cost of postage and copies, from the Maryland Secretary of State, State House, Annapolis MD 21401, (410) 974-5534.

MICHIGAN

No disclosure statement required. However, the state Attorney General’s office strongly encourages inclusion of the organization’s Michigan registration number in all solicitations written as: “MICS No._____.”

MINNESOTA

PUBLIC DISCLOSURE REQUIREMENTS

Prior to orally requesting a contribution or contemporaneously with a written request, charitable organizations and their professional fund-raisers must make certain disclosures. See Minn. Stat. § 309.556. These disclosures are required even if the charitable organization on whose behalf the request is being made is exempt from registration. The disclosures required of both charitable organizations and professional fund-raisers under Minn. Stat. § 309.556, subd. 1, are:

1. The name and location by city and state of the charitable organization;

2. The tax deductibility of the contribution; and

3. A description of the charitable program for which the solicitation campaign is being carried out; and, if different, a description of the programs and activities of the organization generally.

If the solicitation is made by direct personal contact, these disclosures must be made both orally and displayed prominently on a written document to persons being solicited. If the solicitation is made by means not involving direct personal contact, including but not limited to, radio, television, letter, telephone, or internet, the disclosures must be clearly made in the solicitation.

MISSISSIPPI

Disclosures only required by professional fund raisers or paid solicitors (§ 79-11-523).

NEW JERSEY

Charities Regulations 13:48-11.2

Prior to soliciting any contribution in writing, a charitable organization, unless exempt from registration, shall clearly and conspicuously disclose the following:

1. The name of the individual making the solicitation;
2. The individual making the solicitation is a volunteer; and
3. The name of the charitable organization which will receive the contribution.

The following disclosure must be “conspicuously printed” on any printed solicitation, written confirmation, receipt or written reminder of a contribution from an organization, independent paid fund raiser or solicitor:

“INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING (973) 504-6215 AND IS AVAILABLE ON THE INTERNET AT http://www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT.”

NEW YORK

Disclosure Requirement for Solicitation

Pursuant to New York Executive Law § 174-b, any solicitation of contributions used by or on behalf of a charitable organization which is required to register and file annual financial reports, must include a statement that a copy of its latest annual report may be obtained, upon request, from the organization or from the New York State Attorney General’s Charities Bureau, Attn: FOIL Officer, 120 Broadway, New York, New York 10271. If the charitable organization has not previously been required to file annual reports with the Charities Bureau, the solicitation must state the date when the first annual report will be filed.

NORTH CAROLINA

§ 131F-17. Disclosure requirements of solicitors.
(a) General Disclosures. – A solicitor shall comply with the following disclosures:

(1) Prior to orally requesting a contribution or along with a written request for a contribution, a solicitor shall clearly disclose:

a. The name of the solicitor as on file with the Department.
b. If the individual acting on behalf of the solicitor identifies himself by name, the individual’s legal name.
c. That the caller is a paid solicitor.

(2) In the case of a solicitation campaign conducted orally, whether by telephone or otherwise, any written confirmation, receipt, or reminder sent to any person who has contributed or has pledged to contribute, shall include a clear disclosure of the information required under subdivision (1) of this subsection.

(3) In addition to the information required by subdivision (1) of this subsection, any written confirmation, receipt, or reminder of contribution made pursuant to an oral solicitation and any written solicitation shall conspicuously state in type of a minimum of nine points:

“Financial information about the solicitor and a copy of its license are available from the State Solicitation Licensing Branch at [telephone number]. The license is not an endorsement by the State.”

The statement shall be made conspicuous by use of one or more of the following: underlining, a border, or bold type. When the solicitation materials consist of more than one piece, the statement shall be displayed prominently in the solicitation materials, but not necessarily on every page.

(4) If requested by the person being solicited, the solicitor shall inform that person, in writing, within 14 days of the request, of the fixed percentage of the gross revenue or the reasonable estimate of the percentage of the gross revenue that the charitable organization or sponsor will receive as a benefit from the solicitation campaign.

(5) If requested by the person being solicited, the solicitor shall inform that person, in writing, within 14 days of the request, of the percentage of the contribution which may be deducted as a charitable contribution under federal income tax laws.

OHIO

1716.10 Required disclosures at the point of solicitation.

Every charitable organization, whether or not required to register pursuant to this chapter, that directly solicits contributions in this state shall make the following disclosures at the point of solicitation:

(A) The name of the charitable organization and the city of the principal place of business of the charitable organization;

(B) If the charitable organization has not received a determination letter from the internal revenue service that is currently in effect, stating that the organization is exempt from federal income taxation under section 501(a) and described in section 501(c)(3) of the Internal Revenue Code, the particular charitable purpose or purposes to be advanced with the funds raised.

Effective Date: 11-07-1990

PENNSYLVANIA

(b) Solicitation disclosures. —A charitable organization soliciting in this Commonwealth shall include all of the following disclosures at the point of solicitation:

(1) Its legal name as registered with the department and location and, if different, the legal name and address of the charitable organization as registered with the department on whose behalf the solicitation is being conducted. Any use of a project or program name in a solicitation must be immediately followed by a disclosure of the legal name of the charitable organization as registered.

(2) If requested, the name and address or telephone number of a representative to whom inquiries could be addressed.

(3) A full and fair description of the charitable purpose or purposes for which the solicitation is being made, and a source from which written information is available.

(4) If requested, the source from which a financial statement may be obtained. Such financial statement shall be consistent with the annual financial report requested under section 5 and shall disclose assets, liabilities, fund balances, revenue and expenses for the preceding fiscal year. Expenses shall be separated into program services, administrative costs and fundraising costs.

(c) Notice on printed solicitation. —On every printed solicitation or written confirmation, receipt and reminder of a contribution, the following statement must be conspicuously printed verbatim:

The official registration and financial information of (insert the legal name of the charity as registered with the department) may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1 (800) 732-0999. Registration does not imply endorsement.

VIRGINIA

§ 57-55.2. Charitable solicitation disclosure.
Every professional solicitor who solicits contributions from a prospective contributor in this Commonwealth: (i) shall identify himself and his employer; (ii) shall disclose that he is a paid solicitor; and (iii) shall further disclose, in writing, the fact that a financial statement for the last fiscal year is available from the State Office of Consumer Affairs. (1987, c. 561.)

§ 57-55.2:1. Solicitations by for-profit organizations.
A. Every solicitor for an organization which is for-profit which solicits contributions from a prospective contributor in the Commonwealth shall disclose that the organization is not exempt from taxation under § 501 (c) of the Internal Revenue Code.

B. For every contribution received for five dollars or more, a for-profit organization shall, within thirty days following receipt, send a written statement to such contributor disclosing that the organization is not exempt from taxation under § 501 (c) of the Internal Revenue Code. (1993, c. 240.)

§ 57-55.3. Disclosure regarding financial statement required.
Every charitable organization, required to be registered pursuant to § 57-49, and every professional solicitor, required to be registered pursuant to § 57-61, soliciting contributions from prospective contributors, shall disclose to the potential donor contemporaneously at the point of a written request or on a written receipt for donations made in response to an oral request that a financial statement is available from the State Office of Consumer Affairs in the Department of Agriculture and Consumer Services upon request.

WASHINGTON

Disclosure Requirements

Organizations required to register with the Charities Program must disclose certain information with each request for a contribution.

The type of disclosure required will depend on how the request is made and who is making the request. In addition, the disclosure must be obvious, clear and made with each request for a contribution. The following disclosures are required by entities that fundraise in Washington State, unless noted otherwise.

General Requirements

• The name of the person making the request; and
• The charitable organization and the city of its principal place of business; and
• The published number and web site of the Secretary of State’s office, if requested, for the donor to obtain additional financial or other information on file with the secretary at 1-800-332-4483 www.sos.wa.gov/charities

Telephone Solicitations

Any entity fundraising by telephone must make the disclosures above before asking for a contribution. The required disclosures must also be provided in writing within five business days to anyone who makes a pledge by telephone to donate.

Advertisement or Mass Distribution

Fundraising using posters, leaflets, automatic dialing machines, publication, audio or video broadcasts, postal or electronics, must disclose the following information in the material in a clear and obvious manner:

• The fundraising is conducted by a named commercial fundraiser, if it is;
• The required registration is on file with the Secretary of State’s Charities Program; and
• The potential donor can obtain financial and other information at the Charities Program, 1-800-332-4483 or online at www.sos.wa.gov/charities

WEST VIRGINIA

Required Disclosure Statement

West Virginia Code §29-19-8 sets specific disclosure requirements for solicitors to help protect potential donors.

• Each solicitation must include a clear description of programs for which funds are requested.
• All printed solicitation material must include the following statement:

“West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, West Virginia 25305. Registration does not imply endorsement.”

The disclosure statement must be conspicuously displayed on any written or printed solicitation. Where the solicitation consists of more than one piece, the disclosure statement must be displayed on a prominent part of the solicitation materials.