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California Government Code Section 12599.6

Legal Research Home > California Laws > Government Code > California Government Code Section 12599.6

12599.6.  (a) Charitable organizations and commercial fundraisers
for charitable purposes shall not misrepresent the purpose of the
charitable organization or the nature or purpose or beneficiary of a
solicitation. A misrepresentation may be accomplished by words or
conduct or failure to disclose a material fact.
   (b) A charitable organization must establish and exercise control
over its fundraising activities conducted for its benefit, including
approval of all written contracts and agreements, and must ensure
that fundraising activities are conducted without coercion.
   (c) A charitable organization shall not enter into any contract or
agreement with, or employ, any commercial fundraiser for charitable
purposes or fundraising counsel for charitable purposes unless that
commercial fundraiser or fundraising counsel is registered with the
Attorney General's Registry of Charitable Trusts or, if not
registered, agrees to register prior to the commencement of any
solicitation.
   (d) A charitable organization shall not enter into any contract or
agreement with, or raise any funds for, any charitable organization
required to be registered pursuant to this act unless that charitable
organization is registered with the Attorney General's Registry of
Charitable Trusts or, if not registered, agrees to register prior to
the commencement of the solicitation.
   (e) Each contribution in the control or custody of a commercial
fundraiser for charitable purposes shall in its entirety and within
five working days of receipt (1) be deposited in an account at a bank
or other federally insured financial institution that is solely in
the name of the charitable organization on whose behalf the
contribution was solicited and over which the charitable organization
has sole control of withdrawals or, (2) be delivered to the
charitable organization in person, by Express Mail, or by another
method of delivery providing for overnight delivery.
   (f) Regardless of injury, the following acts and practices are
prohibited in the planning, conduct, or execution of any solicitation
or charitable sales promotion:
   (1) Operating in violation of, or failing to comply with, any of
the requirements of this act or regulations or orders of the Attorney
General, or soliciting contributions after registration with the
Attorney General's Registry of Charitable Trusts has expired or has
been suspended or revoked.
   (2) Using any unfair or deceptive acts or practices or engaging in
any fraudulent conduct that creates a likelihood of confusion or
misunderstanding.
   (3) Using any name, symbol, emblem, statement, or other material
stating, suggesting, or implying to a reasonable person that the
contribution is to or for the benefit of a particular charitable
organization when that is not the fact.
   (4) Misrepresenting or misleading anyone in any manner to believe
that the person on whose behalf a solicitation or charitable sales
promotion is being conducted is a charitable organization or that the
proceeds of the solicitation or charitable sales promotion will be
used for charitable purposes when that is not the fact.
   (5) Misrepresenting or misleading anyone in any manner to believe
that any other person sponsors, endorses, or approves a charitable
solicitation or charitable sales promotion when that person has not
given consent in writing to the use of the person's name for these
purposes.
   (6) Misrepresenting or misleading anyone in any manner to believe
that goods or services have endorsement, sponsorship, approval,
characteristics, ingredients, uses, benefits, or qualities that they
do not have or that a person has endorsement, sponsorship, approval,
status, or affiliation that the person does not have.
   (7) Using or exploiting the fact of registration with the Attorney
General's Registry of Charitable Trusts so as to lead any person to
believe that the registration in any manner constitutes an
endorsement or approval by the Attorney General. The use of the
following statement is not prohibited:

   "The official registration and financial information regarding
(insert the legal name of the charity as registered with the Registry
of Charitable Trusts) can be obtained from the Attorney General's
Web site at http://caag.state.ca.us/charities/. Registration does not
imply endorsement."

   (8) Representing directly or by implication that a charitable
organization will receive an amount greater than the actual net
proceeds reasonably estimated to be retained by the charity for its
use.
   (9) With respect to solicitations by commercial fundraisers for
charitable purposes on behalf of law enforcement personnel,
firefighters, or other persons who protect the public safety,
issuing, offering, giving, delivering, or distributing any honorary
membership cards, courtesy cards, or similar cards, or any stickers,
emblems, plates, or other items that could be used for display on a
motor vehicle, and that suggest affiliation with, or endorsement by
any public safety personnel or a group comprising such personnel.
   (10) (A) Soliciting for advertising to appear in a for-profit
publication that relates to, purports to relate to, or that could
reasonably be construed to relate to, any charitable purpose without
making the following disclosures at the time of solicitation:
   (i) The publication is a for-profit, commercial enterprise.
   (ii) The true name of the solicitor and the fact that the
solicitor is a professional solicitor.
   (iii) The publication is not affiliated with or sponsored by any
charitable organization.
   (B) Where a sale of advertising has been made, the solicitor,
prior to accepting any money for the sale, shall make to the
purchaser the disclosures required by subparagraph (A) in written
form and in conspicuous type.
   (11) Representing that any part of the contributions solicited by
a charitable organization will be given or donated to any other
charitable organization unless that organization has consented in
writing to the use of its name prior to the solicitation. The written
consent shall be signed by one authorized officer, director, or
trustee of the charitable organization.
   (12) Representing that tickets to events will be donated for use
by another, unless all of the following requirements have been met:
   (A) The charitable organization or commercial fundraiser has
commitments, in writing, from charitable organizations stating that
they will accept donated tickets and specifying the number of tickets
they are willing to accept.
   (B) The donated tickets will not, when combined with other ticket
donations, exceed either of the following:
   (i) The number of ticket commitments the charitable organization
or commercial fundraiser has received from charitable organizations.
   (ii) The total attendance capacity of the site of the event.
   (g) A person shall not knowingly submit for filing on behalf of
any charitable organization any statement, report, financial
statement, attachment, or other information to be filed with the
Attorney General that contains information, a statement, or an
omission that is false or misleading.
   (h) A ticket commitment from a charitable organization alone, as
described in clause (i) of subparagraph (B) of paragraph (12) of
subdivision (f), does not constitute written consent to use of the
organization's name in the solicitation campaign.

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Last modified: March 17, 2014