Title 43, Chapter 17, Section 2
As used in this chapter, the term:
(1) "Administrator" means the office created in subsection (a) of Code Section 10-1-395.
(2) "Charitable organization" means any benevolent, philanthropic,
patriotic, or eleemosynary (of, relating to, or supported by
charity or alms) person, as that term is defined in this Code
section, who solicits or obtains contributions solicited from the
general public, any part of which contributions is used for
charitable purposes; and any person who or which falsely
represents himself or itself to be a charitable organization as
defined by this paragraph. The term charitable organization shall
not include a religious organization as defined in paragraph (12)
of this Code section.
(3) "Charitable purpose" means any charitable, benevolent,
philanthropic, patriotic, or eleemosynary purpose for religion,
health, education, social welfare, arts and humanities,
environment, civic, or public interest; and any purpose which is
falsely represented to be a charitable purpose as defined by this
(4) "Charitable sales promotion" means an advertising or sales
campaign, conducted by a commercial coventurer, which represents
that the purchase or use of goods or services offered by the
commercial coventurer will benefit, in whole or in part, a
charitable organization or purpose.
(5) "Commercial coventurer" means a person who for profit is
regularly and primarily engaged in trade or commerce other than in
connection with soliciting for charitable organizations or
purposes and who conducts a charitable sales promotion.
(6) "Contribution" means the promise or grant of any money or
property of any kind or value.
(7) "Executive officer" means the chief executive officer, the
president, the principal financial officer, the principal
operating officer, each vice president with responsibility
involving policy-making functions for a significant aspect of a
person's business, the secretary, the treasurer, or any other
person performing similar functions with respect to any
organization, whether incorporated or unincorporated.
(8) "Fundraising counsel" means any person who, for compensation,
plans, manages, advises, consults, or prepares material for, or
with respect to, the solicitation in this state of contributions
for a charitable organization, but who does not solicit
contributions and who does not employ, procure, or engage any
compensated person to solicit contributions. A lawyer,
accountant, investment counselor, or banker who, solely incidental
to his or her profession, renders professional services to a
charitable organization, paid solicitor, or fundraising counsel or
advises a person to make a contribution or holds charitable funds
subject to an escrow or trust agreement shall not be deemed, as a
result of such actions, to be a fundraising counsel. A bona fide
salaried officer, employee, or volunteer of a charitable
organization shall not be deemed to be a fundraising counsel.
(9) "Membership" or "member" means a status by which, for the
payment of fees, dues, assessments, and other similar payments, an
organization provides services to the payor and confers on the
payor a bona fide right, privilege, professional standing, honor,
or other direct benefit other than the right to vote, elect
officers, or hold offices. The term "membership" or "member" shall
not be construed to apply to a person on whom an organization
confers a membership solely as a consideration for making a
(10) "Paid solicitor" means a person other than a commercial
coventurer or charitable organization who, for compensation,
performs for a charitable organization any service in connection
with which contributions are, or will be, solicited within or from
this state by such compensated person or by any compensated person
he employs, procures, or engages, directly or indirectly, to
solicit. A paid solicitor shall also include any fundraising
counsel who at any time has custody of contributions from a
solicitation as defined by this chapter. An attorney, investment
counselor, accountant, or banker who, solely incidental to his or
her profession, advises a person to make a charitable contribution
or who holds funds subject to an escrow or trust agreement shall
not be deemed, as the result of such actions, to be a paid
solicitor. A bona fide salaried officer, employee, or volunteer
of a charitable organization or commercial coventurer shall not be
deemed to be a paid solicitor.
(11) "Person" means an individual, a corporation, a partnership, a
limited liability company, an association, a joint-stock company,
a trust, or any unincorporated organization.
(12) "Religious organization" means an entity which:
(A) Conducts regular worship services; or
(B) Is qualified as a religious organization under Section
501(c)(3) of the Internal Revenue Code of 1986, as amended.
(13) "Solicitation," "solicitation of funds," or "solicit" means
the request or acceptance directly or indirectly of money, credit,
property, financial assistance, or any other thing of value to be
used for any charitable purpose; and such act shall be a consumer
act or practice or consumer transaction as defined by Part 2 of
Article 15 of Chapter 1 of Title 10, the "Fair Business Practices
Act of 1975."
(14) "Solicitor agent" means any person, other than a charitable
organization, paid solicitor, or commercial coventurer, who or
which solicits charitable contributions for compensation. The
term "solicitor agent" shall not include any person who is an
employee of a charitable organization which is either registered
or exempt from registration under this chapter and who is neither
supervised by, nor whose activities are directed by, any paid
solicitor or its agent.
(15) "State" means any state, territory, or possession of the
United States, the District of Columbia, Puerto Rico, and the