Pennsylvania Statutes Title 10 P.S. Charities and Welfare § 162.13. Limitation on activities of charitable organizations;  disclosure requirements

(a) Solicitation limitation.--A charitable organization may only solicit contributions for the charitable purpose expressed in solicitation for contributions or the registration statement of the charitable organization and may only apply contributions in a manner substantially consistent with that purpose.

(b) Solicitation disclosures.--A charitable organization soliciting in this Commonwealth shall include all of the following disclosures at the point of solicitation:

(1) Its legal name as registered with the department and location and, if different, the legal name and address of the charitable organization as registered with the department on whose behalf the solicitation is being conducted. Any use of a project or program name in a solicitation must be immediately followed by a disclosure of the legal name of the charitable organization as registered.

(2) If requested, the name and address or telephone number of a representative to whom inquiries could be addressed.

(3) A full and fair description of the charitable purpose or purposes for which the solicitation is being made, and a source from which written information is available.

(4) If requested, the source from which a financial statement may be obtained.  Such financial statement shall be consistent with the annual financial report requested under section 5 and shall disclose assets, liabilities, fund balances, revenue and expenses for the preceding fiscal year.  Expenses shall be separated into program services, administrative costs and fundraising costs.

(c) Notice on printed solicitation.--On every printed solicitation or written confirmation, receipt and reminder of a contribution, the following statement must be conspicuously printed verbatim:

The official registration and financial information of (insert the legal name of the charity as registered with the department) may be obtained from the Pennsylvania Department of State by calling toll free, within Pennsylvania, 1 (800) 000-0000.  Registration does not imply endorsement.

(d) Misrepresentation.--A charitable organization may not misrepresent its purpose or nature or the purpose or beneficiary of a solicitation.  A misrepresentation may be accomplished by words or conduct or failure to disclose a material fact.

(e) Control over fundraising activities.--A charitable organization must establish and exercise control over fundraising activities conducted for its benefit, including approval of all written contracts and agreements, and must assure that fundraising activities are conducted without coercion.

(f) Restrictions on certain contracts.--A charitable organization shall not enter into any contract or agreement with or employ any professional fundraising counsel or professional solicitor unless that professional fundraising counsel or professional solicitor is registered with the department.

(g) Registration with department required.--A charitable organization shall not enter into any contract or agreement with or raise any funds for any charitable organization required to be registered pursuant to this act unless such charitable organization is registered with the department.

(h) Deposit of contributions.--Each contribution in the control or custody of the professional solicitor shall in its entirety and within five days of its receipt be deposited, maintained and administered in an account at a bank or other Federally insured financial institution which shall be in the name of the charitable organization and over which that charitable organization shall have sole control of all withdrawals.


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