New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 48 - CHARITABLE FUND RAISING › Subchapter 1 - GENERAL PROVISIONS › Section 13:48-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
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.
"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.
"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; 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 U.S.C. §
										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.
"Charitable purpose" means:
1. Any purpose described in section 501(c)(3), of the Internal Revenue Code of 1986, 26 U.S.C. §
										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.
"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.
"Commission on Higher Education" means the agency created by 18A:3B-13.
"Contract" means an agreement between two or more parties and includes, but is not limited to, initial contracts, extensions, renewals and amendments.
"Contribution" means the conveyance, promise or pledge of money, credit, property, financial assistance or other thing of any kind or value in response to a solicitation. "Contribution" does not include any of the following: bona fide fees, dues or assessments paid by members provided that membership is not conferred solely as consideration for making a contribution in response to a solicitation; monies received pursuant to a governmental grant or contract; or personal services rendered by a volunteer.
"Custody, control, possession or access" means that a person has responsibility for the collection, distribution, protection or preservation of a charitable organization's money or other thing of value; or that a person has the power or authority to manage, direct, restrict, administer or oversee a charitable organization's money or other thing of value; or that a person has the power, authority, opportunity or right to make use of a charitable organization's money or other thing of value. By way of example, but not by limitation, the following demonstrate custody, control or possession of, or access to, a charitable organization's money or other thing of value:
1. A fund raising counsel or independent paid fund raiser has an agreement with an escrow, lock box or caging agent concerning a charitable organization's money or other thing of value;
2. A fund raising counsel or independent paid fund raiser has access to or the right to direct the use of a charitable organization's money in any financial or bank account;
3. A fund raising counsel or independent paid fund raiser has the authority or the opportunity to direct the manner in which collected contributions are handled, disbursed, transferred or deposited;
4. A fund raising counsel or independent paid fund raiser receives or retrieves responses to a solicitation from a post office box;
5. A fund raising counsel or independent paid fund raiser has access to debit or credit card information in response to a solicitation; or
6. A fund raising counsel or independent paid fund raiser accepts donations of goods and in kind, including vehicles, on behalf of the charity.
"Department of Education" means the Department of Education of the State of New Jersey.
"Division" means the Division of Consumer Affairs within the Department of Law and Public Safety.
"Escrow agent" means the person, firm or company responsible for operating any escrow or other account into which monies are deposited and for distributing those monies.
"Event" means a planned happening, occurrence, activity or social occasion.
"Federated fund raising organization" means a federation of independent charitable organizations which have voluntarily joined together for purposes of raising and distributing money.
"Fund raising counsel" means any person, including any assignee, subcontractor, independent contractor or any other successor in interest, who is retained by a charitable organization for a fixed fee or rate to plan, manage, advise, consult or prepare material for or with respect to the solicitation in this State of contributions for a charitable organization, but who does not solicit contributions or employ, procure or engage any compensated person to solicit contributions. "Fund raising counsel" does not include a bona fide salaried officer, employee or volunteer of a charitable organization or an attorney, accountant or banker who renders professional services to a charitable organization or advises a person to make a charitable contribution during the course of rendering professional services to that person.
"Government grant" means:
1. Any amounts received from a governmental unit, including donations or contributions and amounts received in connection with a contract entered into with a governmental unit for the performance of services or in connection with a government research grant;
2. Tax revenues levied for the organization's benefit and either paid to or expended on its behalf;
3. The value of services or facilities furnished by a governmental unit to the organization without charge.
"Gross contributions" means the total amount of contributions received nationwide by a charitable organization before any deductions for expenses of collection or for overhead or for compensation for any services such as the services provided by a fund raising counsel or an independent paid fund raiser.
"Gross receipts" means the total amount, without deductions, of cash or other assets received, including, but not limited to, all contributions.
"Gross revenue" means the total amount of revenue, without deductions, of cash or other assets received including, but not limited to, all contributions, government grants, program service revenue, membership dues, performance fees, interest and dividends, pledges, rents, and other support. "Gross revenue" does not include items purchased by other entities for the use of the charitable organization where ownership of the item is retained by the original purchaser. For the purpose of determining if an audit is required, "gross revenue" does not include one-time bequests, fund raising campaigns for capital property in a single fiscal year or the value of services performed by volunteers and does include pledges when and to the extent recognized under the basis of accounting used by the organization.
"Honor box" means a container in which a person places a contribution and selects a piece of gum, candy or token gift such as a toy or magnet.
"Independent paid fund raiser" means any person, including any assignee, subcontractor, independent contractor or any successor in interest, who for compensation performs for, or on behalf of, a charitable organization any service in connection with which contributions are, or will be solicited in this State by that compensated person or by any compensated person he or she employs, procures or engages, directly or indirectly, to solicit contributions. "Independent paid fund raiser" does not include a bona fide salaried officer, employee or volunteer of a charitable organization or an attorney, accountant or banker who advises a person to make a charitable contribution during the course of rendering professional services to that person.
"Local unit" means a charitable organization that is affiliated with a parent organization under terms specified in the parent organization's charter, articles of organization, agreement of association, instrument of trust, constitution or other organizational instrument or bylaws.
"Membership" means a relationship which entitles a person to the privileges, professional standing, honors or other direct benefit of the organization and either the right to vote or elect officers, or hold office in the organization. "Membership" does not include any relationship granted solely upon making a contribution as a result of a solicitation.
"Parent organization" means a charitable organization which charters or affiliates local units under terms specified in the charitable organization's charter, articles of organization, agreement of association, instrument of trust, constitution or other organizational instrument or bylaws.
"Person" means an individual, corporation, association, partnership, trust, foundation or any other entity, however established within or without this State.
"Professional fund raisers" means both independent paid fund raisers and fund raising counsel.
"Registrant" means any person who has filed a registration statement with the Attorney General required by the Act.
"Registration statement" means an initial registration, renewal, financial report, or any other document or report required pursuant to 45:17A-23 through 28 to be filed with the Attorney General.
"Solicitation" or "solicit" means the request, directly or indirectly, for money, credit, property, financial assistance or other thing of any kind or value, which will be used for a charitable purpose or to benefit a charitable organization. A solicitation takes place whether or not the person making the solicitation receives any contribution, except that a charitable organization's use of its own name in any communication is not alone sufficient to constitute a solicitation. "Solicitation" includes, but is not limited to, the following methods of requesting or securing money, credit, property, financial assistance or other thing of value:
1. Any oral or written request;
2. The making of any announcement in the press, over the radio or television, by telephone, through the mail or any other media concerning an appeal or campaign by or for any charitable organization or purpose;
3. The distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain a contribution;
4. The offer of, attempt to sell, or sale of any advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies or other tangible item in connection with which any appeal is made for any charitable organization or purpose, or where the name of any charitable organization is used or referred to in any appeal as an inducement or reason for making any sale, or where any statement is made that the whole or any part of the proceeds from the sale will be used for any charitable purpose or benefit any charitable organization; and
5. The use of or employment of canisters, cards, receptacles or similar devices for the collection of money or other thing of value in connection with which any appeal is made for any charitable organization or purpose.
"Solicitor" means any individual who attempts to solicit or solicits contributions, for compensation. A bona fide salaried officer, employee or volunteer of a charitable organization shall not be deemed a solicitor.