The Vermont Statutes Online

Title 9: Commerce and Trade

Chapter 63: CONSUMER PROTECTION

Sub-Chapter 02: Charitable Solicitations

9 V.S.A. § 2473. Notice of solicitation



§ 2473. Notice of solicitation

(a) At least ten days prior to the commencement of a fundraising campaign, a paid fundraiser shall file with the Attorney General a notice of solicitation on a form prescribed by the Attorney General. The notice of solicitation shall contain the following:

(1) the name, permanent address, and permanent telephone number of the paid fundraiser and, if the paid fundraiser is a business entity, of each of its principal officers and directors;

(2) the name, address, and telephone number of the charitable organization on behalf of which solicitations are to be made;

(3) the nature, location, dates, parties, and outcome of any litigation or investigation concerning the fundraiser's solicitation activity in any jurisdiction occurring within six years prior to the commencement of the fundraising campaign in this State;

(4) the nature and anticipated starting and ending dates of the solicitation campaign;

(5) the address and telephone number from which the solicitation will be conducted;

(6) the names and addresses of all employees and agents of, and individuals in privity with, the paid fundraiser who will solicit during the campaign, and whether any of these persons have been convicted of a felony or of a misdemeanor involving dishonesty arising from a charitable solicitation;

(7) the name and address of any member of the immediate family of an officer, director, or owner of the paid fundraiser and the name and address of any entity owned in whole or in part by an officer, director or owner of the paid fundraiser with whom the paid fundraiser will incur expenses in connection with the solicitation campaign;

(8) a copy of the contract between the paid fundraiser and the charitable organization;

(9) such other information as the Attorney General may by rule require.

(b) The notice of solicitation shall be accompanied by a bond approved by the Attorney General in the amount of $20,000.00. The bond shall run to the State and to any person who may have a cause of action against the paid fundraiser for any liability arising under this subchapter, as long as the action on the bond is brought within two years after accrual of the cause of action.

(c) A separate notice of solicitation shall be required to be filed for each separate solicitation campaign to be undertaken on behalf of a charitable organization. However, only one bond shall be required to be in effect at the same time for any one fundraiser, regardless of the number of notices of solicitation filed.

(d) Any material change in any information contained in a notice of solicitation shall be reported to the Attorney General in writing not more than seven days after the change occurs.

(e) The Attorney General may adopt rules to require that:

(1) the notice of solicitation be filed electronically, with proper verification;

(2) the paid fundraiser provide an electronic copy of the contract with the notice of solicitation, or provide a copy of the contract upon request of the Attorney General; and

(3) the paid fundraiser provide an electronic copy of the bond with the notice of solicitation, or provide a copy of the bond upon request of the Attorney General.

(f)(1) In each calendar year in which a paid fundraiser solicits on behalf of a charitable organization, the paid fundraiser shall pay an annual registration fee of $500.00 to the Attorney General with its first notice of solicitation.

(2) Each notice of solicitation filed in accordance with this section shall be accompanied by a fee of $200.00.

(3) Fees paid under this subsection shall be deposited in a special fund managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Attorney General for the costs of administering sections 2471-2479 of this title. (Added 1989, No. 232 (Adj. Sess.), § 2; amended 2003, No. 110 (Adj. Sess.), § 1, eff. May 11, 2004; 2013, No. 72, § 32.)