R152. Commerce, Consumer Protection.
R152-22. Charitable Solicitations Act Rule.
R152-22-101. Purpose.
The purpose of this rule is to:
(1) define terms;
(2) establish the form of the registration application for a professional fundraiser and professional fundraising consultant;
(3) establish the process by which a person may register as a professional fundraiser or professional fundraising consultant;
(4) establish the manner and process by which a charitable organization shall file forms in accordance with Subsection 13-22-110(1); and
(5) aid the division's administration and enforcement of Title 13, Chapter 22, Charitable Solicitations Act.
R152-22-102. Authority.
This rule is promulgated in accordance with Subsections 13-2-106(1), 13-22-105(1)(b)(xiii), and 13-22-110(2)(d).
R152-22-103. Definitions.
(1) "Bank account" means any account in which a professional fundraiser holds charitable contributions collected in connection with a fundraising campaign.
(2) "Bank account information" means:
(a) the bank account number;
(b) the name of the bank account holder;
(c) the name and address of the bank, credit union, or other financial institution that provides the bank account to the professional fundraiser.
R152-22-201. Professional Fundraiser and Professional Fundraising Consultant Registration.
(1) A professional fundraiser or professional fundraising consultant that applies for registration shall:
(a) apply using a form approved by the division, including information required by Section 13-22-105;
(b) submit its application electronically, or by using another method approved by the division; and
(c) pay the required application fee.
(2) A professional fundraiser or professional fundraising consultant that discloses an injunction, judgment, administrative order, or conviction in accordance with Subsection 13-22-105(1)(b)(ix) or (xi) shall include with its application:
(a) a case number or similar identifier, if available;
(b) information that identifies the jurisdiction in which the injunction, judgment, administrative order, or conviction occurred;
(c) a brief description of the underlying action; and
(d) a copy of the injunction, judgment, administrative order, or conviction.
R152-22-7202. Charitable Organization Financial Reports.
(1) A charitable organization shall submit an unredacted copy of its most recent IRS Form 990, 990-EZ, 990-N, or 990-PF to the Division of Corporations and Commercial Code.
(2) The submission described by Subsection (1):
(a) shall be submitted in PDF file format, and using the process established by the Division of Corporations and Commercial Code; and
(b) shall be submitted at least annually, at the time the charitable organization:
(i) registers with the Division of Corporations and Commercial Code:
(A) as a nonprofit corporation; or
(B) as a foreign nonprofit corporation; or
(ii) submits its annual report to the Division of Corporations and Commercial Code.
KEY: charities, consumer protection, solicitations, registration
Date of Last Change: October 26, 2026
Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-106(1); 13-22-105; 13-22-110(2)
