367.653 Contracts -- Requirements -- Filing of contract and promotion registration
369 words·~2 min read·
/ky/367-653A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
statement -- Violability of contract with unregistered party.
(1)A contract between a charitable organization and a professional solicitor or a
charitable organization and a fundraising consultant shall be in writing. The contract
shall be signed by two
(2)authorized officials of the charitable organization, one
of whom shall be a member of the organization's governing body and the authorized
contracting officer for the professional solicitor or fundraising consultant.
(2)The contract shall clearly state:
(a)The respective obligations of each party;
(b)The percentage of the gross revenue from the campaign that the charitable
organization will receive;
(c)The goods or services to be offered to the public;
(d)The geographic area where the campaign will take place;
(e)The date the campaign will begin and end;
(f)A fundraising budget; and
(g)Provisions for a final accounting.
The contract shall also identify the services to be provided by the professional
solicitor or the fundraising consultant and shall indicate whether the solicitor or the
consultant will, at any time, have custody of any contributions. The contract may
further be defined by administrative regulations promulgated by the Attorney
General pursuant to this section.
(3)At least fourteen
(14)calendar days prior to the performance of any service pursuant
to the contract, a professional solicitor or fundraising consultant shall file with the
Attorney General a copy of the contract. No solicitation pursuant to the contract
shall begin until the Attorney General has certified that the contract meets the
statutory requirements.
(4)When filing the contract, a professional solicitor shall also file a written promotion
registration statement with the Attorney General. The statement shall be attested to
by the professional solicitor's authorized contracting officer and shall be in the form
as prescribed by the Attorney General in administrative regulations. The contract
filed by a professional solicitor shall be valid only if it complies with this section
and is accompanied by a promotion registration statement.
(5)No professional solicitor or fundraising consultant shall contract with a charitable
organization unless the professional solicitor or fundraising consultant is registered
with the Attorney General. A contract with an unregistered professional solicitor or
fundraising consultant shall be violable at the option of the charitable organization.