Virginia Administrative Code › Title 2 - AGRICULTURE › Agency 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › Chapter 610 - RULES GOVERNING THE SOLICITATION OF CONTRIBUTIONS › Part I - Definitions › Section 2VAC5-610-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Agents" means one or more persons who transact some
					 business or manage some affair for another, by the authority and on account of
					 the latter, and who render an account of such business or affair to that other.
					 The term "agents" shall include the term "subcontractors."
"Bona fide salaried officer or employee" means a person
					 who is in an employer-employee relationship with a charitable organization and
					 who is compensated exclusively by a fixed annual salary or hourly wage.
"Budget" means a financial plan of action that itemizes
					 expected sources and amounts of income and expenses and that is ratified by the
					 organization's board of directors.
"Certified audited financial statements" means financial
					 statements prepared by an independent certified public accountant with an
					 opinion rendered in accordance with generally accepted accounting principles
					 (GAAP).
"Certified treasurer's report" means an income and expense
					 statement and a balance sheet for the past fiscal year that have been prepared
					 and signed by the organization's treasurer verifying that the report is
					 accurate and true.
"Code" means Code of Virginia (1950), as amended.
"Commissioner" means the Commissioner of the Department of
					 Agriculture and Consumer Services or a member of his staff to whom he may
					 delegate his duties under Chapter 5 (§ 57-48 et seq.) of Title 57 of the
					 Code of Virginia .
"Department" means the Department of Agriculture and
					 Consumer Services.
"File with the commissioner" means depositing the
					 originals of the documents required to be filed, along with payment of the
					 appropriate fee and all supporting documentation, with the department.
"Foundation," as referenced in subdivision A 1 of §
					 57-60 of the Code of Virginia , means a secondary organization established to
					 provide financial or program support for a primary organization with which it
					 has an established identity.
"Gross contributions" means the total contributions
					 received by the organization from all sources, regardless of geographic
					 location, excluding government grants.
"Having an established identity with" means a relationship
					 between two organizations such that if the primary organization ceased to
					 exist, the secondary organization would also cease to exist.
"Health care institution" means any medical facility that
					 is tax exempt under the Internal Revenue Code § 501(c)(3) and at least one
					 of the following:
1. Licensed by the Department of Health or by the
					 Department of Behavioral Health and Developmental Services;
2. Designated by the Centers for Medicare and Medicaid
					 Services (CMS) as a federally qualified health center;
3. Certified by CMS as a rural health clinic; or
4. Wholly organized for the delivery of health care
					 services without charge, including the delivery of dental, medical, or other
					 health services where a reasonable minimum fee is charged to cover
					 administrative costs.
"IRS" means the U.S. Department of the Treasury , Internal
					 Revenue Service.
"Local civic league or association" means a not-for-profit
					 organization operated to further the common good of the city, town, or county
					 that it is organized to serve.
"Local service club" means a not-for-profit organization
					 that is organized for the purpose of providing educational services,
					 recreational services, charitable services, or social welfare services to the
					 city, town, or county in which such organization operates.
"Past fiscal year" means the most recently completed
					 fiscal year.
"Primary address" means the bona fide physical street
					 address of the organization or sole proprietor.
"Primary name" means the name under which an organization
					 is incorporated, if incorporated ; if unincorporated , has been issued a
					 certificate, by the Virginia State Corporation Commission, to transact business
					 in Virginia, if so certified ; if neither incorporated nor certified to
					 transact business in Virginia, the name by which the organization is commonly
					 known or referred to, except that such name shall not be an assumed name, or a
					 deceptive name, as described in subsection A of
					 2VAC5-610-80.
"Report," "register," and "submit" mean "file with the
					 commissioner" as that phrase is defined in this section.
"Subcontractor" means any agent, but not an employee, of a
					 professional solicitor who solicits under a contract or agreement on behalf of
					 the professional solicitor for the benefit of any charitable or civic
					 organization with which the professional solicitor has a contract or
					 agreement.
"Trade association" means an association of business
					 organizations having similar issues and engaged in similar fields formed for
					 mutual protection, exchange of ideas and statistics, and for maintenance of
					 standards within their industry.
"Unified Registration Statement" means the standardized
					 form created by the National Association of Attorneys General and the National
					 Association of State Charity Officials to consolidate the information and data
					 requirements of all states requiring registration.
Statutory Authority: § 57-66 of the Code of
						Virginia.