4-28-402. Registration of charitable organizations prior to solicitation.

4-28-402. Registration of charitable organizations prior to solicitation. (a)(1) A charitable organization, in or out of the state, shall not solicit contributions from persons in this state by any means whatsoever until the charitable organization has: (A) Registered; and (B) Provided certain information concerning the charitable organization and its solicitation activity, as required by this subchapter, on forms to be provided by the Secretary of State, and has filed the information with the Secretary of State. (2) The information so filed shall be available to the general public as a matter of public record, except and to the extent the records would otherwise be exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq. (b) The information required under subdivision (a)(1)(B) of this section shall be submitted in writing, sworn to under oath, and provided on a registration form provided by the Secretary of State, to include without limitation: (1) The identity of the charitable organization by or for whom the solicitation is to be conducted, including without limitation: (A) The federal Taxpayer Identification Number; (B) Fictitious names or aliases under which the charitable organization operates; (C) Program names under which the charitable organization solicits; and (D) All chapters, branches, or affiliates that will operate, if any, under the registration of the parent charitable organization; (2) The mailing address and physical address of the charitable organization; (3) The charitable purpose of the charitable organization; (4) The individual or officer who will have custody of the contributions; (5) The individuals responsible for the distribution of the contributions; (6) The period of time during which the solicitation or promotion is to be conducted; (7) A description of the method or methods of solicitation or promotion, in such detail as may from time to time be determined by the Secretary of State; (8) Whether any solicitation or promotion is to be conducted by voluntary unpaid solicitors, by paid solicitors, or both; (9) If in whole or in part by paid solicitors: (A) The name and address of each paid solicitor; (B) The basis of payment; (C) The nature of the arrangement; and (D) A copy of the contract for services; and (10) A copy of the appropriate Internal Revenue Service tax-exempt status form. (c) A chapter, branch, or affiliate in this state of a registered parent charitable organization is not required to register provided the parent charitable organization files a consolidated financial report or tax information form for itself and the chapter, branch, or affiliate.