2013 Kentucky Revised Statutes
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367.653 Contracts -- Requirements -- Filing of contract and promotion
registration statement -- Violability of contract with unregistered party.
A contract between a charitable organization and a professional solicitor or a
charitable organization and a fundraising consultant shall be in writing. The
contract shall be signed by two (2) authorized officials of the charitable
organization, one (1) of whom shall be a member of the organization's
governing body and the authorized contracting officer for the professional
solicitor or fundraising consultant.
The contract shall clearly state:
(a) The respective obligations of each party;
(b) The percentage of the gross revenue from the campaign that the
charitable organization will receive;
(c) The goods or services to be offered to the public;
(d) The geographic area where the campaign will take place;
(e) The date the campaign will begin and end;
(f) A fundraising budget; and
(g) Provisions for a final accounting.
The contract shall also identify the services to be provided by the professional
solicitor or the fundraising consultant and shall indicate whether the solicitor or
the consultant will, at any time, have custody of any contributions. The contract
may further be defined by administrative regulations promulgated by the
Attorney General pursuant to this section.
At least fourteen (14) calendar days prior to the performance of any service
pursuant to the contract, a professional solicitor or fundraising consultant shall
file with the Attorney General a copy of the contract. No solicitation pursuant to
the contract shall begin until the Attorney General has certified that the contract
meets the statutory requirements.
When filing the contract, a professional solicitor shall also file a written
promotion registration statement with the Attorney General. The statement
shall be attested to by the professional solicitor's authorized contracting officer
and shall be in the form as prescribed by the Attorney General in administrative
regulations. The contract filed by a professional solicitor shall be valid only if it
complies with this section and is accompanied by a promotion registration
No professional solicitor or fundraising consultant shall contract with a
charitable organization unless the professional solicitor or fundraising
consultant is registered with the Attorney General. A contract with an
unregistered professional solicitor or fundraising consultant shall be violable at
the option of the charitable organization.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 151, sec. 4, effective July 15, 1994.
CHAPTER 367 - CONSUMER PROTECTION
367.653 Contracts -- Requirements -- Filing of contract and promotion registration statement -- Violability of contract with unregistered party.
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