Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 3 - Charitable Organizations and Solicitations Rules › Section 15 CSR 60-3.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general enforces the provisions
				  of sections 407.450-407.478, RSMo. The attorney general may make rules as are
				  necessary to carry out the provisions of sections 407.450-407.478, RSMo and may
				  define terms, whether or not used in those sections, insofar as the definitions
				  are not inconsistent with those sections. This rule defines certain terms used
				  in the administration of sections 407.450-407.478, RSMo and in the rules made
				  thereunder.
(1) Unless
				inconsistent with meaning provided in Chapter 407, RSMo as used in sections
				407.450-407.478, RSMo and in these rules, the following terms and phrases shall
				mean:
(A)
Bona
fide
employee of charitable organization, a person who
				receives regular compensation, holds a permanent employee position with the
				charitable organization and has not been contracted with or primarily employed
				for a temporary period for the purpose of soliciting funds;
(B) Does business in this state, includes any
				mail, phone, personal or any other type of solicitation in Missouri. The
				phrase, does business in this state, is not limited to the traditional case law
				definition of the phrase previously defined as operating a principal place or
				location in the state in which they are doing business;
(C) Governmental agency, includes any agency,
				department, division, court, commission or any other type of governmental
				entity in any branch of the city, county, state or federal
				government;
(D) Individual
				professional fund-raiser, includes any natural person who, individually, by
				contract or by oral agreement, agrees to solicit funds on the behalf of any
				charitable organization or for any charitable purpose. This does not include a
bona fide
employee of a charitable organization or a
				solicitor;
(E) Professional
				fund-raiser organization, includes any person, as defined by section
				407.010, RSMo, other
				than natural persons, who agree by written contract or by oral agreement, to
				solicit funds on behalf of any charitable organization or for any charitable
				purpose and who employs or contracts with others for the purpose of soliciting
				those funds;
(F) Register, a
				listing of all registration documents submitted to the attorney general's
				office as required under sections 407.450-407.478, RSMo including, but not
				limited to, the name of the registrant, the date registration became effective
				and current status;
(G) Regular
				compensation, a salary or wage paid to a person holding a permanent employee
				position of a charitable organization and not contracted fees paid to a
				temporary employee; and
(H)
				Solicitation, includes the sale, offer for sale or advertisement of any
				merchandise for consideration that benefits or is purported to benefit a
				charitable organization or charitable purpose.
(I) Solicitor, any person employed or
				contracted by a professional fund-raiser organization, in a temporary or
				permanent position, to solicit funds for any charitable organization or for any
				charitable purpose;