Title 9 . Law

Chapter 12 . Executive Branch Code of Ethics

Section 40. Written contract required

9 AAC 12.040. Written contract required

A paid solicitor may not solicit contributions on behalf of a charitable organization unless the paid solicitor executes a written contract with the charitable organization which clearly state the respective obligations of the paid solicitor and the charitable organization. The contract must include the following:

(1) the name of the paid solicitor and whether the solicitor is currently registered with the department;

(2) the name of the surety or sureties issuing the bond required by AS 45.68.010 (c)(2) and 9 AAC 12.060, the aggregate amount of those bond or bonds, the bond numbers, original effective dates, and termination dates;

(3) the name of the charitable organization and whether the charitable organization is currently registered with the department;

(4) the name of the person designated by the paid solicitor who will be primarily responsible for the conduct of the fund-raising;

(5) the types of services to be provided by the paid solicitor;

(6) the dates those services will begin and end;

(7) the terms of the agreement between the charitable organization and the paid solicitor relating to:

(A) amount or percentages of amounts to accrue to the charitable organization;

(B) limitations placed on the maximum amount to be raised by the paid solicitor, if any;

(C) costs of fund-raising that will be the responsibility of the charitable organization, regardless of whether paid as a direct expense, deducted from the amounts dispersed, or otherwise;

(D) the manner in which contributions received directly by the charitable organization, not the result of services provided by the paid solicitor, will be identified and used in computing the fee owed to the paid solicitor;

(8) the names of any entity to which more than 10 percent of the total anticipated fund-raising cost is to be paid, and whether any principal officer or owner of the paid solicitor, or relative by blood or marriage, of the paid solicitor is an owner or officer of the entity; and

(9) the signature of an owner or principal officer of the paid solicitor and the president, treasurer, or comparable officer of the charitable organization.

History: Eff. 3/19/94, Register 129

Authority: AS 45.68.020

AS 45.68.130