Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:110 - Notice of intent to solicit forms

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				367.657
NECESSITY, FUNCTION, AND CONFORMITY: To fulfill the requirement
				of an administrative form for those charitable organizations identified in
				KRS
				367.657(2).
Section 1.
(1) A professional fundraiser or professional
			 solicitor shall file a sworn statement with the Attorney General pursuant to
			 KRS
			 367.655(2) unless the
			 solicitor or fundraiser has previously filed an Internal Revenue Service
			 Federal Form 990 pursuant to
			 KRS
			 367.657.
(2) The sworn statement required by
			 KRS
			 367.657(2) shall contain the
			 following information:
(a) The name of the
			 charitable organization;
(b) A list
			 of any other names the organization has used or been known by;
(c) The address of the organization's
			 principle place of business including the:
1.
			 Street number, city, state and zip code;
2. Telephone number; and
3. Fax number.
(d) A statement as to the business form which
			 the organization uses;
(e) A
			 statement indicating if the organization or any of its officers, directors,
			 employers, fundraisers, fundraising counsel or solicitors has:
1. Been enjoined by a government agency or
			 court from soliciting;
2. Had its
			 registration denied or revoked;
3.
			 Been the subject of any proceeding regarding any solicitation or
			 registration;
4. Entered into a
			 voluntary agreement of compliance; or
5. Registered with any other state or
			 agency.
(f) If the
			 organization answered affirmatively to any of the questions in paragraphs (e)1
			 through 5 of this subsection the organization shall provide a list of all
			 agencies and states where it is registered, including the:
1. Dates of registration;
2. Registration number;
3. Types of solicitation conducted in each
			 state, including the dates of those solicitations; and
4. Any other names under which the
			 organization was registered.
(g) List of other states where the
			 organization is registered;
(h) A
			 statement indicating if the organization has applied for tax exempt status or
			 been granted IRS tax exempt status and the current standing of that
			 status;
(i) A statement indicating
			 if contributions to the organization are tax deductible;
(j) A statement indicating:
1. If tax exempt status has ever been denied,
			 cancelled or modified;
2. The name
			 of the agency that denied, cancelled or modified the tax exempt status;
			 and
3. The date the tax exempt
			 status was denied, cancelled or modified.
(k) A description of the purpose of the
			 organization and use of the solicited funds;
(l) The names, addresses, telephone numbers
			 and dates of all professional fundraisers, solicitors, fundraising counsel, or
			 commercial covenanters the organization contracts with or with which the
			 organization engages services;
(m)
			 The amount paid to professional fundraisers, solicitors, or fundraising counsel
			 during the previous year; and
(n)
			 Any other information that may be required when filing an Internal Revenue
			 Service Federal Form 990.
(3)
(a) The
			 information required by subsection (2) of this section shall be provided by the
			 seller on "Notice of Intent to Solicit Form A-1" (July 1994 edition) which is
			 incorporated by reference.
(b)
			 Copies of the form may be inspected, copied, or obtained at the Office of
			 Attorney General, Consumer Protection Division, 1024 Capital Center Drive,
			 Frankfort, Kentucky 40602, between the hours of 8:30 a.m. and 4:30 p.m., Monday
			 through Friday.