13-22-105. Professional fundraiser's or fundraising consultant's registration.

778 words·~4 min read·/ut/title-13/chapter-22/13-22-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)A person applying for or renewing a registration as a professional fundraiser or a professional fundraising consultant shall:

(a)pay an application fee the division determines under Section 63J-1-504 ; and

(b)submit a written application in a form the division approves that includes:

(i)the applicant's name, address, and telephone number;

(ii)the name and address of each organization or person controlled by, controlling, or affiliated with the applicant;

(iii)the applicant's business, occupation, or employment for the three-year period immediately preceding the date of the application;

(iv)whether the applicant is an individual, joint venture, partnership, limited liability company, corporation, association, or other entity;

(v)the names and mailing addresses of the applicant's officers and directors;

(vi)the applicant's registered agent for service of process in this state, and the registered agent's:

(A)name;

(B)street address;

(C)mailing address; and

(D)telephone number;

(vii)if the person is a professional fundraiser or applies for registration as a professional fundraiser:

(A)the purpose of the charitable solicitation and use of the contributions the person will solicit;

(B)the method by which the person will conduct the charitable solicitation and the projected length of time the person will conduct the charitable solicitation;

(C)a statement identifying how the person will be paid, and if the person charges a flat fee, the amount of the flat fee;

(D)a statement of what percentage of the contributions the person collects as a result of the charitable solicitation are projected to remain available to the charitable organization declared in the application; and

(E)a statement of total contributions collected or received by the person within the calendar year immediately preceding the day on which the person submits the person's application, including a description of the expenditures made from or the use made of the contributions;

(viii)if the person is a professional fundraising consultant or applies to become a professional fundraising consultant:

(A)the purpose of the plan, management, advice, or preparation of materials for, or with respect to, the charitable solicitation and use of the contributions solicited;

(B)the method by which the person will organize or coordinate the plan, management, advice, or preparation of materials for, or with respect to, the charitable solicitation and the projected length of time of the charitable solicitation;

(C)a statement of the percentage of the contributions the person collects as a result of the plan, management, advice, or preparation of materials for, or with respect to, the charitable solicitation are projected after deducting the total fees the person will earn or receive remain available to the charitable organization declared in the application; and

(D)a statement of total net fees the person earns or receives within the calendar year immediately preceding the day on which the person submits the applicant's application, including a description of the expenditures the person makes from or uses of the net fees the person earns or receives in the planning, management, advising, or preparation of materials for, or with respect to, the charitable solicitation and use of the contributions solicited for the charitable organization;

(ix)disclosure of:

(A)any injunction, judgment, or administrative order against the applicant; and

(B)any felony or misdemeanor conviction of the person that involves theft, fraud, or dishonesty for the ten-year period before the day on which the applicant files the application;

(x)each written agreement the applicant has with a charitable organization;

(xi)disclosure of an injunction, a judgment, or an administrative order or conviction of a crime involving a charitable solicitation or a felony involving fraud, dishonesty, a false statement, forgery, or theft with respect to an officer, a director, a manager, an operator, or a principal of the applicant;

(xii)an acknowledgment that fundraising in the state will not commence until both the professional fundraiser or professional fundraising consultant are registered and in compliance with this chapter; and

(xiii)additional information the division may require by rule.

(2)If information contained in the application for registration becomes incorrect or incomplete, the applicant or registrant shall, within 30 days after the information becomes incorrect or incomplete, correct the application or file the complete information required by the division.

(3)In addition to the registration fee, an applicant failing to file an application for registration or renewal by the due date or filing an incomplete application for registration or renewal shall pay an additional fee of $25 for each month or part of a month after the date on which the application for registration or renewal was due to be filed.

Renumbered and Amended by Chapter 95 , 2026 General Session