Kentucky Administrative Regulations
Title 40 - DEPARTMENT OF LAW
Chapter 2 - Office of Consumer Protection
Section 40 KAR 2:110 - Notice of intent to solicit forms
Universal Citation: 40 KY Admin Regs Service 2:110
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 367.657
NECESSITY, FUNCTION, AND CONFORMITY: To fulfill the requirement of an administrative form for those charitable organizations identified in KRS 367.657(2).
Section 1.
(1) A professional fundraiser or professional
solicitor shall file a sworn statement with the Attorney General pursuant to
KRS
367.655(2) unless the
solicitor or fundraiser has previously filed an Internal Revenue Service
Federal Form 990 pursuant to
KRS
367.657.
(2) The sworn statement required by
KRS
367.657(2) shall contain the
following information:
(a) The name of the
charitable organization;
(b) A list
of any other names the organization has used or been known by;
(c) The address of the organization's
principle place of business including the:
1.
Street number, city, state and zip code;
2. Telephone number; and
3. Fax number.
(d) A statement as to the business form which
the organization uses;
(e) A
statement indicating if the organization or any of its officers, directors,
employers, fundraisers, fundraising counsel or solicitors has:
1. Been enjoined by a government agency or
court from soliciting;
2. Had its
registration denied or revoked;
3.
Been the subject of any proceeding regarding any solicitation or
registration;
4. Entered into a
voluntary agreement of compliance; or
5. Registered with any other state or
agency.
(f) If the
organization answered affirmatively to any of the questions in paragraphs (e)1
through 5 of this subsection the organization shall provide a list of all
agencies and states where it is registered, including the:
1. Dates of registration;
2. Registration number;
3. Types of solicitation conducted in each
state, including the dates of those solicitations; and
4. Any other names under which the
organization was registered.
(g) List of other states where the
organization is registered;
(h) A
statement indicating if the organization has applied for tax exempt status or
been granted IRS tax exempt status and the current standing of that
status;
(i) A statement indicating
if contributions to the organization are tax deductible;
(j) A statement indicating:
1. If tax exempt status has ever been denied,
cancelled or modified;
2. The name
of the agency that denied, cancelled or modified the tax exempt status;
and
3. The date the tax exempt
status was denied, cancelled or modified.
(k) A description of the purpose of the
organization and use of the solicited funds;
(l) The names, addresses, telephone numbers
and dates of all professional fundraisers, solicitors, fundraising counsel, or
commercial covenanters the organization contracts with or with which the
organization engages services;
(m)
The amount paid to professional fundraisers, solicitors, or fundraising counsel
during the previous year; and
(n)
Any other information that may be required when filing an Internal Revenue
Service Federal Form 990.
(3)
(a) The
information required by subsection (2) of this section shall be provided by the
seller on "Notice of Intent to Solicit Form A-1" (July 1994 edition) which is
incorporated by reference.
(b)
Copies of the form may be inspected, copied, or obtained at the Office of
Attorney General, Consumer Protection Division, 1024 Capital Center Drive,
Frankfort, Kentucky 40602, between the hours of 8:30 a.m. and 4:30 p.m., Monday
through Friday.
STATUTORY AUTHORITY: KRS 15.180, 367.150(4), 367.657(2)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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