N.J. Admin. Code § 13:48-12.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 13:48-12.1 - Charitable organization's responsibility for fund-raising activities

(a) A charitable organization shall establish and exercise control over fund raising activities conducted for its benefit and assure that the fund raising activities are conducted without coercion. The fund raising activities over which the charitable organization shall establish and exercise control include, but are not limited to:

1. Review and approval of all written contracts and agreements;

2. Submission to the Attorney General of all information required to be filed with the Attorney General;

3. The collection and disbursement of all contributions made to the charitable organization;

4. The procedure to report to its independent paid fund raisers who do not have custody, control, possession or access to a charitable organization's contributions the gross amount received during the charitable campaign and the net amount it retains;

5. The activities of its officers, employees and volunteers in the performance of any fund raising duties done for the benefit of the charitable organization or any administrative and reporting activities for the charitable organization as required by the Act or these rules;

6. The script or other statements used in telephone solicitations;

7. Review of all printed solicitation or pledge documents for accuracy;

8. Establishment of a procedure to ensure that all requests for written information or educational literature are honored;

9. Knowledge and approval of the process by which contributions are collected; and

10. Knowledge and approval of the pledge reminder process.

(b) Failure of an independent paid fund raiser to supervise and exercise control over solicitors and other employees to ensure compliance with the Act shall constitute a violation of the Act and these rules.

(c) Failure of a fund raising counsel to supervise and exercise control over employees to ensure compliance with the Act shall constitute a violation of the Act and these rules.

N.J. Admin. Code § 13:48-12.1

Amended by R.2011 d.061, effective 2/22/2011.
See: 42 N.J.R. 1676(a), 43 N.J.R. 439(a).
Added new (a)4; and recodified former (a)4 through (a)9 as (a)5 through (a)10.