Chapter 48 Charitable Fund Raising - New Jersey Division ...

1 PLEASE READ. Rules and regulations of the New Jersey Division of Consumer Affairs ( Division ), the boards and committees in, and other units of, the Division are codified in Title 13 of the New Jersey Administrative Code, published by LexisNexis. Notices of proposal and notices of adoption are printed in the New Jersey Register, also published by LexisNexis. The official text of the rules and regulations and their regulatory history and notices of rule proposals and adoptions can be found through LexisNexis. LexisNexis: The text of rules and regulations and notices of proposal and adoptions in PDF. format provided on this website by the Division are unofficial courtesy copies, which may differ from the official text. Though every effort is made to ensure that the text of courtesy copies is identical to the official version, if any discrepancies exist between the text on this website and the official version, the official version will govern.

2 Charitable fund Raising LAW AND PUBLIC SAFETY. N E W J E R S E Y A D M I N I S T R AT I V E C O D E. TITLE 13. LAW AND P UBLIC S AFETY. Chapter 48. C H A R I TA B L E F U N D R A I S I N G. Chapter 48 Page 1 of 54 Last Revision Date: 6/20/2011. Charitable fund Raising LAW AND PUBLIC SAFETY. C H A P T E R TA B L E O F C O N T E N T S. SUBCHAPTER 1. general PROVISIONS .. 4. 13:48 Director .. 4. 13:48 Applicability .. 4. 13:48 4. 13:48 Address for all matters related to registration .. 10. SUBCHAPTER 2. FEES .. 11. 13:48 Fee schedule .. 11. SUBCHAPTER 3. general REQUIREMENTS .. 14. 13:48 Registration; registration number .. 14. 13:48 When registration deemed accepted; failure to satisfy registration requirements; notice and hearing .. 15. 13:48 Organizations exempt from registration .. 15.

3 13:48 Extensions of time for annual filing of the renewal statement and financial report .. 16. 13:48 Forms .. 18. 13:48 Notification of change of address; service of process .. 18. SUBCHAPTER 4. REGISTRATION OF Charitable ORGANIZATIONS SHORT FORM. 18. 13:48 Short form registration .. 18. 13:48 Short form 22. 13:48 Financial reports .. 22. SUBCHAPTER 5. REGISTRATION OF Charitable ORGANIZATIONS LONG FORM. 23. 13:48 Long form registration .. 23. 13:48 Long form 27. 13:48 Financial reports; audits .. 27. SUBCHAPTER 6. REGISTRATION OF LOCAL UNITS BY PARENT ORGANIZATIONS .. 29. 13:48 Registration of local units by parent organizations .. 29. SUBCHAPTER 7. REGISTRATION OF fund Raising COUNSEL AND INDEPENDENT PAID. FUNDRAISER .. 31. 13:48 general requirements .. 31. 13:48 Bond requirements for fund Raising counsel and independent paid fund raisers.

4 33. Chapter 48 Page 2 of 54 Last Revision Date: 6/20/2011. Charitable fund Raising LAW AND PUBLIC SAFETY. 13:48 Requirements for effective registration of fund Raising counsel and independent paid fund raisers; failure to comply .. 34. SUBCHAPTER 8. REGISTRATION OF SOLICITORS .. 35. 13:48 general requirements .. 35. SUBCHAPTER 9. CONTRACTS; Charitable SALES PROMOTIONS REPORTS .. 35. 13:48 Contract, service agreement and report requirements for fund Raising counsel and independent paid fund raiser .. 35. 13:48 Contracts with commercial co venturers; sales promotion report .. 39. 13:48 Contract, service agreement and report requirements for contracts between fund Raising counsel or independent paid fund raiser and any other fund Raising counsel or independent paid fund raiser .. 41. 13:48 Failure to satisfy contract requirements; notice and hearing.

5 42. SUBCHAPTER 10. RECORDKEEPING REQUIREMENTS .. 42. 13:48 general requirements .. 42. 13:48 Records of fund Raising counsel and independent paid fund 43. SUBCHAPTER 11. fund Raising PRACTICES .. 44. 13:48 fund Raising counsel and independent paid fund raiser; deposit of funds .. 44. 13:48 Disclosures to the public; solicitations; receipts and confirmations; notice .. 45. 13:48 Disclosures to the public; canisters; honor boxes; public vending machines .. 46. SUBCHAPTER 12. STANDARDS AND SUPERVISION .. 47. 13:48 Charitable organization's responsibility for fund Raising activities .. 47. 13:48 Duty to cooperate in investigative 48. SUBCHAPTER 13. VIOLATIONS .. 48. 13:48 Unregistered practice .. 48. 13:48 Unlawful acts and practices; misconduct .. 49. 13:48 Grounds for denial, suspension or revocation of any registration.

6 51. SUBCHAPTER 14. PENALTIES .. 52. 13:48 Civil penalties; alternative remedies .. 52. 13:48 Private actions .. 53. 13:48 Accountability of parent organization and local unit .. 53. SUBCHAPTER 15. CRIMINAL LAW ENFORCEMENT ORGANIZATIONS .. 54. 13:48 Organizations of law enforcement officers .. 54. Chapter 48 Page 3 of 54 Last Revision Date: 6/20/2011. Charitable fund Raising LAW AND PUBLIC SAFETY. SUBCHAPTER 1. general PROVISIONS. 13 DIRECTOR. The Director of the Division of Consumer Affairs shall be the person charged with the administration and enforcement of the Charitable Registration and Investigation Act, 45:17A-18 et seq. 13 APPLICABILITY. a) These rules shall govern the registration and Charitable fund Raising activities of Charitable organizations, federated fund Raising organizations, professional fund raisers, solicitors and commercial co-venturers, pursuant to the Act.

7 B) These rules shall apply to any person engaging within this State in any of the activities regulated by the Act, including persons whose principal place of business is located outside this State. c) Upon initial request by a potential registrant, or as the result of independent information received by the Attorney general , a determination form, to determine the applicability of the Act, will be supplied. There is no fee for this form, which may be requested by telephone, facsimile, letter sent to the address set forth in 13 or by e-mail sent to 13 DEFINITIONS. The following words and terms, when used in this Chapter , shall have the following meanings: Act means the Charitable Registration and Investigation Act 45:17A-18 et seq. Address means the principal street address where a person or organization is most reasonably likely to receive actual notice of a mailing.

8 Attorney general means the Attorney general of the State of New Jersey or, as applicable, the Attorney general 's designee, the Director of the Division of Consumer Affairs. Chapter 48 Page 4 of 54 Last Revision Date: 6/20/2011. Charitable fund Raising LAW AND PUBLIC SAFETY. Caging agent means the person, firm or company responsible for retrieving responses to solicitations from a return post office box, processing contributions and reporting the amount of contributions and non-contributions from the responses. Campaign means an operation or plan organized to solicit a contribution to further a Charitable organization's stated or implied purpose. Certified public accountant includes an individual licensed by the New Jersey Board of Accountancy to practice as a certified public accountant or its equivalent in another jurisdiction.

9 An individual licensed as a public accountant by the New Jersey Board of Accountancy to practice as a public accountant or its equivalent in another jurisdiction; or an individual licensed to practice as a registered municipal accountant by the New Jersey Board of Accountancy. Charitable organization means;. 1. Any person determined by the Federal Internal Revenue Service to be a tax-exempt organization pursuant to section 501(c)(3) of the Internal Revenue Code of 1986, 26. 501(c)(3); or 2. Any person who is, or holds himself or herself out to be, established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety, or any person who in any manner employs a Charitable appeal as the basis of any solicitation, or an appeal which has a tendency to suggest there is a Charitable purpose to any such solicitation.

10 Charitable purpose means: 1. Any purpose described in section 501(c)(3), of the Internal Revenue Code of 1986, 26. 501(c)(3); or 2. Any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary objective, or an objective that benefits law enforcement personnel, firefighters, or other persons who protect the public safety. Charitable sales promotion means an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit a Charitable organization or purpose. Chapter 48 Page 5 of 54 Last Revision Date: 6/20/2011. Charitable fund Raising LAW AND PUBLIC SAFETY. Commercial co-venturer means any person, including, but not limited to, any assignee, subcontractor, independent contractor or successor in interest who, for profit or other consideration, is regularly and primarily engaged in trade or commerce other than in connection with the Raising of funds or any other thing of value for a Charitable organization, and who advertises that the purchase or use of his or her goods, services, entertainment or any other thing of value will benefit a Charitable organization.