North Dakota Century Code Title 50. Public Welfare § 50-22-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. “Accounting year” means the twelve-month period on which a charitable organization keeps its financial records.

2. a. “Charitable organization” means a person that engages in or purports to engage in solicitation for a charitable purpose and includes a chapter, branch, area office, or similar affiliate or a person soliciting contributions within the state for a parent charitable organization.

b. The term “charitable organization” does not include:

(1) An organization that solicits funds for an institution of higher learning.

(2) An organization that uses only volunteer unpaid fundraisers and that solicits funds for a political subdivision or other government entity or for a civic or community project in which the contributions received are used solely for the project and none of the contributions inure to the benefit of any individual.

(3) A private or public elementary or secondary school.

(4) A charitable organization or person that solicits contributions for any person specified by name at the time of the solicitation if all the contributions received are transferred within a reasonable time after receipt to the person named or that person's parent, guardian, or conservator with no restriction on their expenditure and with no deduction.

(5) A religious society or organization that is exempt from filing a federal annual information return pursuant to Internal Revenue Code section 6033(a)(2)(A)(i) and (iii) [ 26 U.S.C. 6033(a)(2)(A)(i) and (iii) ] or Internal Revenue Code section 6033(a)(2)(C)(i) [ 26 U.S.C. 6033(a)(2)(C)(i) ].

(6) Any candidate for national, state, or local elective office or political party or other committee required to file information with the federal election commission, a state election commission, or an equivalent office or agency.

3. “Charitable purpose” means a charitable, benevolent, philanthropic, religious, social service, welfare, educational, cultural, artistic, or public interest purpose, either actual or purported.

4. “Contribution” means cash or the promise, grant, or pledge of any money, credit, assistance, or property of any kind or value, including the promise to pay, provided in response to a solicitation.  “Contribution” includes, in the case of a charitable organization offering goods and services to the public, the difference between the direct cost of the goods and services to the charitable organization and the price at which the charitable organization or a person acting on behalf of that organization resells those goods or services to the public.  “Contribution” does not include bona fide fees, dues, or assessments paid by members of an organization, provided that:

a. Membership is not conferred in exchange for a contribution in response to a solicitation;  or

b. Membership provides no benefit in addition to the right to vote or otherwise participate in the organization and the right to receive literature.

5. “Person” means any individual, organization, association, partnership, corporation, or limited liability company.

6. “Professional fundraiser” means a person who, for financial compensation or profit, performs for a charitable organization a service in connection with which contributions are, or will be, solicited in this state by the compensated person or by a compensated person the person employs, procures, or engages to solicit;  or a person who for compensation or profit plans, manages, advises, consults, or prepares material for, or with respect to, the solicitation in this state of contributions for a charitable organization.  A bona fide full-time salaried officer or employee of a charitable organization maintaining a permanent establishment within the state may not be deemed to be a professional fundraiser.

An attorney, investment counselor, or banker who advises any person to make a contribution to a charitable organization may not be deemed, as the result of that advice, to be a professional fundraiser.

7. “Solicitation” and “solicit” mean the request to the public or member of the public for a contribution on the representation that the contribution will be used in whole or in part for a charitable purpose, including:

a. An oral request made in person or by telephone, radio, television, electronic communication including the internet, or other advertising or communication media;

b. A written or other recorded or published request, that is mailed, sent, delivered, circulated, distributed, posted in a public place, or advertised or communicated through any medium available to the public and described in subdivision a;

c. A sale of or attempt to sell any good or service in which the good or service is priced above fair market value or when it is otherwise represented that some portion of the purchase price will be used for a charitable purpose;  or

d. An announcement inviting the public to attend an assembly, event, exhibition, performance, or social gathering of any kind where admission is conditioned on the receipt of a contribution or at which function contributions will be otherwise solicited.

A solicitation is deemed to have occurred regardless of whether the party solicited makes a contribution.


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