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2019 Utah Code
Title 13 - Commerce and Trade
Chapter 22 - Charitable Solicitations Act
Section 5 - Registration or permit required.
Universal Citation: UT Code § 13-22-5 (2019)
Effective 3/19/2018
13-22-5. Registration or permit required.
Amended by Chapter 267, 2018 General Session
13-22-5. Registration or permit required.
- (1)
- (a) An organization may not engage in an activity described in Subsection (1)(b) unless the organization is:
- (i) exempt under Section 13-22-8; or
- (ii) registered with the division in accordance with this chapter.
- (b) Unless an organization meets the requirements of Subsection (1)(a), the organization may not knowingly solicit, promote, or sponsor a charitable solicitation if the charitable solicitation:
- (i) originates in Utah;
- (ii) is received in Utah; or
- (iii) is caused to be made through business operations in Utah.
- (a) An organization may not engage in an activity described in Subsection (1)(b) unless the organization is:
- (2) Subsection (1) does not prohibit an organization from receiving an unsolicited contribution.
- (3)
- (a) Unless a person acting as a professional fund raiser obtains a permit in accordance with Section 13-22-9, the person may not:
- (i) make or facilitate a solicitation either directed toward the state or originating from the state; or
- (ii) maintain a place of business in the state or employ an individual located in the state.
- (b) Subsection (3)(a) applies regardless of whether a charitable organization receiving the services of a professional fund raiser is required to register under this chapter.
- (a) Unless a person acting as a professional fund raiser obtains a permit in accordance with Section 13-22-9, the person may not:
- (4)
- (a) Unless a person acting as a professional fund raising counsel or consultant obtains a permit in accordance with Section 13-22-9, the person may not:
- (i) maintain a place of business in the state or employ an individual located in the state; or
- (ii) provide any service of a professional fund raising counsel or consultant to or for a charitable organization, or any other person, over which the state has general jurisdiction.
- (b) Subsection (4)(a) applies regardless of whether a charitable organization receiving the services of a professional fund raising counsel or consultant is required to register under this chapter.
- (a) Unless a person acting as a professional fund raising counsel or consultant obtains a permit in accordance with Section 13-22-9, the person may not:
- (5) A person required to obtain a permit under Subsection (3) or (4) may not provide any service to or on behalf of an organization required to register under Subsection (1) if the organization is not registered in accordance with Section 13-22-6.
Amended by Chapter 267, 2018 General Session
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