HARRY HUGHES, Governor

3879

103F-2.

(e) Professional solicitors shall file with the Secretary
of State a copy of any agreement entered into with a charitable
organization within 10 days of its execution. A person may not
lawfully act as a professional solicitor for a charitable
organization unless the entire agreement between the parties is
reduced to writing. Such agreements shall:

(1)  Include a statement of the minimum percentage of
the gross receipts from fund-raising which will be realized by
the charitable organization exclusively to advance its
programmatic charitable purposes as described in paragraph (2)
(ii) below;

(2)  Have as an attachment a written text containing
the wording which shall be used by the professional solicitor or
solicitors when conducting all oral solicitations and which shall
include, but not be limited to:

(i) The name of the charitable organization in
whose name the solicitation is being made;

(ii) A statement of the specific programmatic
charitable purpose or purposes to be advanced with the funds
raised as indicated by the charitable organization in its
registration forms filed with the Secretary of State;

(iii) The fact that the person making the
solicitation has been engaged by the charitable organization and,
if the person making the solicitation is to be compensated on a
percentage basis, a statement of that percentage;

(iv) A statement indicating that portion of the
contribution being solicited which is tax deductible as a
charitable contribution where goods, food, or entertainment is to
be offered to the contributor in exchange for all or part of the
contribution. If contributions are not tax deductible as a
charitable contribution, contributors shall be so advised; and

(v) A statement that a copy of the charitable
organization's FINANCIAL STATEMENT is available, and will be
provided by the person making the solicitation upon request.
[The annual financial report shall be the same as that required
to be filed by the charitable organization with the Secretary of
State.]

(3)  Other information as prescribed by the Secretary
of State by regulation.

(h) When a contribution is received as a result of a
telephone solicitation, a professional solicitor shall within 30
days after receiving [any] THE contribution, send [each] THE