Title 43, Chapter 17, Section 7
( 43-17-7)
(a) The Secretary of State, by order, may deny, suspend, or revoke a
registration, limit the fundraising activities that an applicant or
registered person may perform in this state, bar an applicant or
registered person from association with a paid solicitor or
charitable organization, or bar a person who is a partner, officer,
director, or employee of, or a member of a limited liability company
which is, an applicant or registered person from employment with a
paid solicitor or charitable organization if the Secretary of State
finds that the order is in the public interest and that the
applicant, registered person, or such other person: (1) Has filed an application for registration with the Secretary
of State which, as of its effective date or any date after filing
in the case of an order denying effectiveness, was incomplete in a
material respect or contained a statement that was, in light of
the circumstances under which it was made, false or misleading
with respect to a material fact; (2) Has willfully violated or failed to comply with this chapter,
a prior enactment, or a rule promulgated by the Secretary of State
under this chapter or a prior enactment; (3) Is the subject of an adjudication or determination, after
notice and opportunity for hearing, within the last five years by
a state or federal agency or a court of competent jurisdiction
that the person has violated the charitable organizations
regulatory act or the unfair and deceptive acts and practices law
of any state, but only if the acts constituting the violation of
that state's law would constitute a violation of this chapter had
the acts occurred in this state; (4) Within the last ten years has been convicted of a felony or
misdemeanor which the Secretary of State finds: (A) Involves the solicitation or acceptance of charitable
contributions or the making of a false oath, the making of a
false report, bribery, perjury, burglary, or conspiracy to
commit any of the foregoing offenses; (B) Arises out of the conduct of solicitation of contributions
for a charitable organization; (C) Involves the larceny, theft, robbery, extortion, forgery,
counterfeiting, fraudulent concealment, embezzlement, fraudulent
conversion, or misappropriation of funds; (D) Involves murder or rape; or (E) Involves assault or battery if such person proposes to be
engaged in counseling, advising, housing, or sheltering
individuals; (5) Is permanently or temporarily enjoined by a court of competent
jurisdiction from acting as a charitable organization, paid
solicitor, or as an affiliated person or employee of such; (6) Is the subject of an order of the Secretary of State denying,
suspending, or revoking the person's registration as a charitable
organization or paid solicitor; (7) Has violated a law or any rule or regulation of this state,
any other state, the United States, or any other lawful authority
(without regard to whether the violation is criminally
punishable), which law or rule or regulation relates to or in part
regulates charitable organizations or paid solicitors regulated
under this chapter, when the charitable organization or paid
solicitor knows or should know that such action is in violation of
such law, rule, or regulation; or (8) Has failed to pay the proper filing fee within 30 days after
being notified by the Secretary of State of a deficiency, but the
Secretary of State may provide for the reinstatement of the
registration or the suspension of a fine or penalty at such time
as the deficiency is corrected. (b) The Secretary of State may not begin a proceeding solely on the
basis of a fact or transaction known to the Secretary of State when
the registration became effective unless the proceeding is begun
within 90 days after effectiveness of the registration. (c) If the Secretary of State finds that an applicant or registered
person is no longer in existence; has ceased to do business as a
paid solicitor or charitable organization; is adjudicated mentally
incompetent or subjected to the control of a committee, conservator,
or guardian; or cannot be located after reasonable search, the
Secretary of State, by order, may deny the application or revoke the
registration. (d) The Secretary of State may at any time require a charitable
organization or paid solicitor to file with him a financial
statement showing its financial condition as of the most recent
practicable date, but such financial statement need not be
certified. |