(3) establish the process by which a person may register as a professional [fund raiser]fundraiser or professional [fund raising]fundraising consultant;[(4) establish the process by which a professional fund raiser may register a fund raising campaign;] [(5)](4) establish the manner and process by which a charitable organization shall file forms in accordance with Subsection 13-22-[15(1)]110(1); and [(6)](5) aid the division's administration and enforcement of Title 13, Chapter 22, Charitable Solicitations Act. This rule is promulgated in accordance with Subsections 13-2-[5(1)]106(1), 13-22-[9(1)(b)(xiv)]105(1)(b)(xiii), and 13-22-[15(2)(b)]110(2)(d). R152-22-103. Definitions. [As used in this rule and Section 13-22-24:] (1) "Bank account" means any account in which a professional [fund raiser]fundraiser holds charitable contributions collected in connection with a [fund raising]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 [fund raiser]fundraiser. R152-22-[4]201. Professional [Fund Raiser]Fundraiser and Professional [Fund Raising]Fundraising Consultant Registration. (1) A professional [fund raiser]fundraiser or professional [fund raising]fundraising consultant that applies for registration shall: (a) apply using a form approved by the division, including information required by Section 13-22-[9]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 [fund raiser]fundraiser or professional [fund raising]fundraising consultant that discloses an injunction, judgment, administrative order, or conviction in accordance with Subsection 13-22-[9]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.
[R152-22-5. Fund Raising Campaign Registration. (1) A professional fund raiser shall submit information required by Section 13-22-24 using the form and method approved by the division. (2) A fund raising campaign registration shall include the start and end date for the fund raising campaign.] [R152-22-6. Registered Agent in Utah. A registered agent identified by a professional fund raiser in accordance with Subsection 13-22-9(1)(b)(vi) shall have a mailing address in Utah.] R152-22-[7]202. 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: 2026[January 1, 2025] Notice of Continuation: November 24, 2021
Authorizing, and Implemented or Interpreted Law: 13-2-[5]106(1); [13-22-6; 13-22-8; ]13-22-[9]105; [13-22-10; ]13-22-[15]110(2) !--dar--
