California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 4 - Regulations Adopted Pursuant to the Supervision of Trustees and Fundraisers for Charitable Purposes Act › Article 1 - Registration, Reporting, and General Supervision of Trustees and Fundraisers › Section 318 - Consent from Recipient Charitable Organizations for Charitable Fundraising Platforms and Platform Charities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  agreement between a recipient charitable organization and a charitable fundraising
				  platform or platform charity, in which the recipient charitable organization
				  provides written consent for the charitable fundraising platform, platform charity,
				  or any partnering platform expressly identified in that agreement to use its name in
				  a solicitation on or through a charitable fundraising platform, shall comply with
				  all of the following requirements:
(1) The
				  agreement shall comply with Government Code section
				  12599.9,
				  subdivisions (f)(1) and (h), and sections
				  320 and
				  321 of these regulations.
(2) The agreement, including any agreement
				  amendments and renewals, may be entered into electronically. Such agreement may
				  refer to or incorporate terms available on a platform provided by a charitable
				  fundraising platform or platform charity as specified in this subdivision (a), as
				  long as a recipient charitable organization is informed or sent written notice when
				  changes are made to the platform containing the agreement's terms, is not charged
				  financially for platform access, and the platform clearly explains the
				  changes.
(3) For an agreement seeking
				  written consent for more than one charitable fundraising platform, all charitable
				  fundraising platforms shall be identified, and a recipient charitable organization
				  shall be able to select the charitable fundraising platforms for which it gives or
				  does not give consent. The identification of charitable fundraising platforms and
				  the ability to give or not give consent may be provided through terms available on a
				  platform.
(4) The agreement shall
				  specify the total amount of fees charged for each charitable fundraising platform or
				  platform charity. This information may be provided through terms available on a
				  platform.
(5) The agreement shall
				  specify the time period for sending donated funds for each charitable fundraising
				  platform, which shall comply with Government Code section
				  12599.9,
				  subdivision (h), and section
				  320 of these regulations. This
				  information may be provided through terms available on a platform.
(6) The agreement shall allow a recipient
				  charitable organization to review and approve information in the solicitation about
				  the recipient charitable organization, and if not approved, the information about
				  the recipient charitable organization shall be removed from the solicitation. This
				  includes information that restricts or indicates a preference as to how donations
				  may be used by a recipient charitable organization. Prior approval is not required
				  when peer-to-peer charitable fundraising is involved, or for information provided by
				  the recipient charitable organization.
(7) The agreement shall allow a recipient
				  charitable organization to acknowledge persons who made donations or engaged in
				  peer-to-peer charitable fundraising, and specify any other terms regarding the
				  sharing or use of information provided by such persons, if they choose to share
				  their information with a recipient charitable organization.
(8) For each charitable fundraising platform that
				  engages in solicitation type A or B and allows donors or persons engaging in
				  peer-to-peer charitable fundraising to restrict or designate a preference as to how
				  donations may be used by a recipient charitable organization, a recipient charitable
				  organization shall be able to specify whether it agrees in advance to comply with
				  the designations or restrictions made by donors or persons engaging in peer-to-peer
				  charitable fundraising. This agreement may be provided through terms available on a
				  platform.
(9) For each charitable
				  fundraising platform that engages in solicitation type A or B, the agreement shall
				  permit the charitable fundraising platform to send a tax donation receipt on behalf
				  of a recipient charitable organization. This includes donations or recommended
				  donations made by donors who do not choose to share their information with a
				  recipient charitable organization. This is not required for recommended donations
				  made to a platform charity or a charitable fundraising platform that is tax-exempt
				  under Internal Revenue Code section
				  501(c)(3).