§2473. Notice of solicitation

Link to law: http://legislature.vermont.gov/statutes/section/09/063/02473
Published: 2015

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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

063

:
CONSUMER PROTECTION






Subchapter

002
:
CHARITABLE SOLICITATIONS










 

§

2473. Notice of solicitation

(a) At least 10

days prior to the commencement of a fundraising campaign, a paid fundraiser

shall file with the Attorney General a notice of solicitation on a form

prescribed by the Attorney General. The notice of solicitation shall contain

the following:

(1) the name,

permanent address, and permanent telephone number of the paid fundraiser and,

if the paid fundraiser is a business entity, of each of its principal officers

and directors;

(2) the name,

address, and telephone number of the charitable organization on behalf of which

solicitations are to be made;

(3) the nature,

location, dates, parties, and outcome of any litigation or investigation

concerning the fundraiser's solicitation activity in any jurisdiction occurring

within six years prior to the commencement of the fundraising campaign in this

State;

(4) the nature

and anticipated starting and ending dates of the solicitation campaign;

(5) the address

and telephone number from which the solicitation will be conducted;

(6) the names

and addresses of all employees and agents of, and individuals in privity with,

the paid fundraiser who will solicit during the campaign, and whether any of

these persons have been convicted of a felony or of a misdemeanor involving

dishonesty arising from a charitable solicitation;

(7) the name and

address of any member of the immediate family of an officer, director, or owner

of the paid fundraiser and the name and address of any entity owned in whole or

in part by an officer, director, or owner of the paid fundraiser with whom the

paid fundraiser will incur expenses in connection with the solicitation

campaign;

(8) a copy of

the contract between the paid fundraiser and the charitable organization;

(9) such other

information as the Attorney General may by rule require.

(b) The notice

of solicitation shall be accompanied by a bond approved by the Attorney General

in the amount of $20,000.00. The bond shall run to the State and to any person

who may have a cause of action against the paid fundraiser for any liability

arising under this subchapter, as long as the action on the bond is brought

within two years after accrual of the cause of action.

(c) A separate

notice of solicitation shall be required to be filed for each separate

solicitation campaign to be undertaken on behalf of a charitable organization.

However, only one bond shall be required to be in effect at the same time for

any one fundraiser, regardless of the number of notices of solicitation filed.

(d) Any material

change in any information contained in a notice of solicitation shall be

reported to the Attorney General in writing not more than seven days after the

change occurs.

(e) The Attorney

General may adopt rules to require that:

(1) the notice

of solicitation be filed electronically, with proper verification;

(2) the paid

fundraiser provide an electronic copy of the contract with the notice of

solicitation, or provide a copy of the contract upon request of the Attorney

General; and

(3) the paid

fundraiser provide an electronic copy of the bond with the notice of

solicitation, or provide a copy of the bond upon request of the Attorney

General.

(f)(1) For each

calendar year in which a paid fundraiser solicits in this State on behalf of a

charitable organization, the paid fundraiser shall pay a registration fee of

$500.00 to the Attorney General no later than ten days prior to its first

solicitation in this State.

(2) Each notice

of solicitation filed in accordance with this section shall be accompanied by a

fee of $200.00. In the case of a campaign lasting more than 12 months, an

additional $200.00 fee shall be paid annually on or before the date of the

anniversary of the commencement of the campaign.

(3) Fees paid

under this subsection shall be deposited in a special fund managed pursuant to

32 V.S.A. chapter 7, subchapter 5, and shall be available to the Attorney

General for the costs of administering sections 2471-2479 of this title. (Added

1989, No. 232 (Adj. Sess.), § 2; amended 2003, No. 110 (Adj. Sess.), § 1, eff.

May 11, 2004; 2013, No. 72, § 32; 2015, No. 57, § 29, eff. June 11, 2015.)
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