Spreadsheet: 4dd123bd-760e-4ee6-9b6c-041e32e65e4f
Sheet: Sheet1

 |  |  | Solicitation for Charitable Purposes Statutes
Size | State | Website | Are commercial coventurers required to register with the charities bureau? | Must commercial coventurers disclose additional information?
47 | AK |  | No.
23 | AL | http://www.ago.state.al.us/template_code.cfm?Case=13 | Yes. Commercial Coventurers must register names before solicitation. | Yes. Contracts must be filed.
32 | AR |  | No. | No.
14 | AZ |  | No.
1 | CA | http://law.justia.com/california/codes/gov/12580-12599.7.html | No. Commercial coventurer is not required to register or file periodic reports with the Attorney General provided that the commercial coventurer: 1: has a written contract; 2: makes regular transfers of donations; 3: provides certain information along with those transfers. Cal. [NAME] 12599.2(b). | No. See Cal. Gov't Code § 12599(2)(b).
22 | CO | http://www.sos.state.co.us/pubs/charities/char_statutes.pdf | Yes. "The registration statement . . . [NAME] contain the following information: . . .The names and addresses of any paid solicitors, professional fundraising consultants, and commercial coventurers who are acting or have agreed to act on behalf of the charitable organization. If the paid solicitor, professional fundraising consultant, or commercial coventurer is a partnership, corporation, limited liability company, or other legal entity, the charitable organization shall list only the name and address of the legal entity." Colo. Rev. Stat. § 6-16-104(2)(g). | Only if more than one half of the total fundraising is expected to come out of CO. "The provisions of this article relating to commercial coventurers and charitable sales promotions shall apply only when a commercial coventurer reasonably expects that more than one-half of all proceeds of a solicitation campaign will be derived from transactions within the state of Colorado." Colo. Rev. Stat. § 6-16-110(1).
29 | CT | http://www.cga.ct.gov/2009/pub/Chap419d.htm | Yes.  "(a) Every charitable organization which agrees to permit a charitable sales promotion to be conducted in its behalf, shall obtain a written agreement from the commercial coventurer and file a copy of such agreement with the department not less than ten days prior to the commencement of the charitable sales promotion within this state..." Conn. Gen. Stat. § [NAME] | Yes. "A commercial coventurer shall disclose in each advertisement for a charitable sales promotion the amount per unit of goods or services purchased or used that is to benefit the charitable organization or purpose. Such amount may be expressed as a dollar amount or as a percentage of the value of the goods or services purchased or used."  Conn. Gen. [NAME]. § 21a-190g(c).
51 | DC | http://occ.dc.gov/occ/frames.asp?doc=/occ/lib/occ/DCMR_Charitable_Solicitations.pdf | No. | No.
45 | DE |  | No. | No.
4 | FL | http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0496/titl0496.htm&StatuteYear=2008&Title=-%3E2008-%3EChapter%20496 | Yes. "A charitable organization or sponsor, unless exempted pursuant to s. 496.406, which intends to solicit contributions in this state by any means or have funds solicited on its behalf by any other person, charitable organization, sponsor, commercial co-venturer, or professional solicitor, or that participates in a charitable sales promotion or sponsor sales promotion, must, prior to engaging in any of these activities, file an initial registration statement, and a renewal statement annually thereafter, with the department." [NAME]. § 496.405(1)(a) (2008). | Yes. "(1)  ...commercial co-venturer must obtain the written consent of the charitable organization or sponsor whose name will be used during the charitable or sponsor sales promotion. (2)  If determined to be essential to protect the public from fraudulent or deceptive advertising, the department may, in accordance with chapter 120, adopt rules requiring disclosure in advertising for a charitable or sponsor sales promotion of information relating to the portion or amount that will benefit the charitable organization or sponsor or the charitable purpose or sponsor purpose. (3)  A final accounting for each charitable or sponsor sales promotion must be prepared by the commercial co-venturer following the completion of the sales promotion...A copy of the final accounting must be provided to the department." Fla. Stat. § 496.414 (2008).
9 | GA | http://rules.sos.state.ga.us/cgi-bin/page.cgi?g=OFFICE_OF_SECRETARY_OF_STATE%2FCHARITABLE_SOLICITATION%2Findex.html&d=1 | No. No mention of commercial coventurer. | No.
42 | HI |  | Yes. You must register the name of coventurer. Haw. Rev. Stat. § 467B-5.5. | Yes. "A final accounting for each charitable sales promotion shall be prepared by the commercial co-venturer following the completion of the promotion.  A copy of the final accounting shall be provided to the attorney general not more than twenty days after the copy is requested by the attorney general."
30 | IA |  | No. | No.
39 | ID |  | No. | No.
5 | IL | http://law.justia.com/illinois/codes/chapter24/1369.html | Probably not. There is no mention of commercial co-venturers in the statute. However, the definition of Professional Fundraiser may be sufficiently broad to encompass them, although it is not likely, since the GF is kept at arms' length. "'Professional fund raiser' means any person who for compensation or other consideration, conducts, manages, or carries on any solicitation or fund raising drive or campaign in this State or from this State or on behalf of a charitable organization residing within this State for the purpose of soliciting, receiving, or collecting contributions for or on behalf of any charitable organization or any other person, or who engages in the business of, or holds himself out to persons in this State as independently engaged in the business of soliciting, receiving, or collecting contributions for such purposes. A bona fide director, officer, employee or unpaid volunteer of a charitable organization shall not be deemed a professional fund raiser unless the person is in a management position and the majority of the individual's salary or other compensation is computed on a percentage basis of funds to be raised, or actually raised. " 225 Ill. Comp. Stat. [NAME]) (2005). | No, unless it's considered a professional fundraiser, in which case there are disclosures that must be made.
16 | IN |  | No. | No.
33 | KS |  | No. | No.
26 | KY |  | No. | No.
25 | LA | http://www.ag.louisiana.gov/Article.aspx?articleID=295&catID=0 | Yes. | Yes. Must provide final accounting.
15 | MA | http://www.mass.gov/?pageID=cagoterminal&L=3&L0=Home&L1=Non-Profits+%26+Charities&L2=Soliciting+Funds&sid=Cago&b=terminalcontent&f=nonprofit_overview_of_solicitation&csid=Cago | Yes. | Yes. Contracts must be filed; amounts/percentages to be donated.
19 | MD |  | No. | No.
40 | ME | http://www.mainelegislature.org/legis/statutes/9/title9ch385sec0.html | Yes. "A license application must be sworn to or affirmed by the principal officer of any charitable organization and must contain the following information…(G) The name and address of any professional fund-raising counsel, professional solicitor or commercial co-venturer who acts or will act on behalf of the charitable organization and terms of remuneration of the counsel, solicitor or co-venturer." Me. Rev. Stat. [NAME]. tit. 9, § 5004 (3). | Yes. Under annual reports heading: "Each professional solicitor, professional fund-raising counsel or commercial co-venturer shall file with the office an annual fund-raising activity report on a form prescribed by the office at least 60 days prior to the license expiration date that reflects data from the preceding calendar year. The report must state, at a minimum, the following: A. Each professional solicitor, professional fund-raising counsel or commercial co-venturer shall file with the office an annual fund-raising activity report on a form prescribed by the office at least 60 days prior to the license expiration date that reflects data from the preceding calendar year. The report must state, at a minimum, the following: (1) The name, mailing address, telephone number and license number of the professional solicitor, professional fund-raising counsel or commercial co-venturer making the report; (2) The name, mailing address, telephone number and license number of each charitable organization with which the professional solicitor, professional fund-raising counsel or commercial co-venturer has contracted; (3) The date of any fund-raising campaign in which the professional solicitor, professional fund-raising counsel or commercial co-venturer was involved; (4) The total dollar amount raised during each fund-raising campaign; (5) The total dollar amount remitted to the charitable organization from each fund-raising campaign and for the year; (6) The total dollar amount retained by the professional solicitor from each fund-raising campaign and for the year; (7) The total dollar amount received by the professional fund-raising counsel from each fund-raising campaign and for the year; and (8) The total dollar amount remitted by the commercial co-venturer from each fund-raising campaign and for the year. [2007, [NAME], Pt. A, §6 (AMD).]" Me. Rev. Stat. [NAME]. tit. 9, § 5008 (3-A)(A).
8 | MI | [NAME] | No, unless considered a professional fundraiser. "'Professional fund raiser' means a person who for compensation or other consideration plans, conducts, manages, or carries on a drive or campaign of soliciting contributions for or on behalf of a charitable organization, religious organization, or any other person; or who engages in the business of or holds himself out as independently engaged in the business of soliciting contributions for such purposes. A bona fide officer or employee of a charitable organization is not a professional fund raiser unless his salary or other compensation is computed on the basis of funds to be raised or actually raised." Mich. Comp. [NAME] (f). | No, unless it's considered a professional fundraiser, in which case there are disclosures that must be made.
21 | MN |  | No. | No.
18 | MO |  | No. | No.
31 | MS |  | No. | No.
44 | MT |  | No. | No.
10 | NC |  | No. | No.
48 | ND |  | No. | No.
38 | NE |  | No. | No.
41 | NH | http://gencourt.state.nh.us/rsa/html/I/7/7-mrg.htm | Yes.  "Every charitable trust which agrees to permit a charitable sales promotion to be conducted by a commercial co-venturer on its behalf shall file with the attorney general a notice of such promotion prior to its commencement within this state. Such notice shall state the names of the charitable trust and commercial co-venturer, that they intend to conduct a charitable sales promotion, and the date such promotion is expected to commence." N.H. Rev. Stat. [NAME]. 7:28-d (I) | Yes. "The commercial co-venturer shall disclose in each advertisement for the charitable sales promotion the dollar amount or percent per unit of goods or services purchased or used that shall benefit the charitable trust or purpose. If the actual dollar amount or percent cannot reasonably be determined prior to the final date of the charitable sales promotion, the commercial co-venturer shall disclose an estimated dollar amount or percent. Any such estimate shall be reasonable and shall be based upon all of the relevant facts known to the commercial co-venturer and the charitable trust regarding the charitable sales promotion."  N.H. Rev. Stat. [NAME]. 7:28-d(IV)
11 | NJ | http://www.state.nj.us/lps/ca/laws/charitylaws.pdf | Yes. | Yes. Conventurer must file contract, gross amount of income attributable to charity ; dollar amount or percent to charity for sale in the advertisement.
36 | NM |  | No. | No.
35 | NV |  | No. | No.
3 | NY | http://law.justia.com/newyork/codes/executive/idx_exc0a7-a.html | Yes. Must be filed with the Attorney General by all charitable organizations that intend to solicit funds: the names and addresses of any professional fund raisers, fund raising counsels, and commercial co-venturers who  are acting or have agreed to act on behalf of the organization. N.Y. Exec. [NAME]. § 172(h). | Yes.  "A charitable organization which enters into a contract with a commercial co-venturer shall file with the attorney general on the date that the next financial report is due to be filed the following information on forms prescribed by the attorney general and signed under penalties for perjury by an officer: (a) a list of the names and addresses of all commercial co-venturers authorized by the charitable organization to use its name during the year covered by that financial report and, if known, during the year following the year covered by the financial report, (b) a statement of the financial terms and any conditions of each co-venture contract, and (c) a statement whether each commercial co-venturer has provided the charitable organization with an accounting as prescribed by subdivision three of this section." [NAME]. Law § 173(a)(4).
7 | OH | http://codes.ohio.gov/orc/1716 | Yes. "Every charitable organization, except those exempted under section 1716.03 of the Revised Code, that intends to solicit contributions in this state by any means or have contributions solicited in this state on its behalf by any other person, charitable organization, commercial co-venturer, or professional solicitor, or that participates in a charitable sales promotion, prior to engaging in any of these activities and annually thereafter, shall file a registration statement with the attorney general upon a form prescribed by the attorney general..." Ohio Rev. Code. [NAME]. 1716.02(A) | Yes. "A commercial co-venturer shall provide to the attorney general a copy of the final accounting for each charitable sales promotion that it conducts not later than ten days after the attorney general requests it." Ohio Rev. Code. Ann. 1716.09(c).
28 | OK |  | No. | No.
27 | OR |  | Yes. | Yes.  Accounting must be kept available and produced if requested.
6 | PA |  | Yes. Charities themselves have to include names of commercial coventurers along with their registration statement. 10 Pa. Stat. [NAME]. § 162.5(b)(10). | Yes. "Registration statements and applications, reports, notices, contracts or agreements between charitable organizations and ...commercial coventurers, and all other documents and information required to be filed under this act with the departme-nt shall become public record [[Except as otherwise provided in section 12]]." 10 Pa. Stat. [NAME]. § 162.11. "Names, addresses and identities of contributors and amounts contributed by them shall not be considered a matter of public record."  § 162.12.
43 | RI |  | No. | No.
24 | SC | http://www.scstatehouse.gov/CODE/t33c056.htm | Yes. Names and contact information. | Yes. Itemized revenue statement of coventurers donations; contract must also be filed.
46 | SD |  | No. | No.
17 | TN | http://www.state.tn.us/sos/charity/CharitableSolicitationAct.pdf | No. | No. Must keep books available for 3 years.
2 | TX | http://www.oag.state.tx.us/consumer/nonprofits.shtml | No. Under Texas law, most charities or non-profit organizations are not required to register with the State. Exceptions exist, however, for organizations that solicit for law enforcement, public safety or veterans causes. | No.
34 | UT | http://www.le.utah.gov/UtahCode/getCodeSection?code=13-22-22 | Yes. | Yes. Adverts must dicslose amount of sale going to charity.
12 | VA | http://www.vdacs.virginia.gov/forms-pdf/cp/oca/charitable/ocasolicitationreg.pdf | No. | No.
49 | VT |  | No. | No.
13 | WA |  | No. | No. The statute defines coventurer but doesn't discuss them otherwise.
20 | WI |  | No. The statute defines commercial coventurer. | No.
37 | WV |  | No. | No.
50 | WY |  | No. | No.