A. Professional fundraisers shall, before entering into a contract with any charitable organization, except a religious organization, to solicit for or on its behalf:
(1) register with the attorney general on a form provided by the attorney general;
(2) file with the attorney general a surety bond pursuant to the Charitable Solicitations Act; and
(3) file with the attorney general a copy of the intended written contract between the professional fundraiser and the charitable organization on whose behalf the professional fundraiser intends to conduct a solicitation campaign.
B. The contract between the professional fundraiser and the charitable organization shall clearly describe the:
(1) compensation and authority of the professional fundraiser;
(2) solicitation campaign;
(3) location and telephone numbers from where solicitations are intended to be conducted;
(4) list of names and addresses of all employees, agents or other persons who are to solicit during the campaign; and
(5) copies of the solicitation literature, including scripts of any written or verbal solicitation.
C. The charitable organization on whose behalf the professional fundraiser is acting shall certify that the contract and solicitation materials filed with the attorney general are true and complete.
D. Within ten business days after receiving a registration pursuant to this section, the attorney general shall notify the professional fundraiser of any deficiencies in the registration, contract or bond; otherwise the filing is deemed approved as filed.
E. A professional fundraiser who fails to register with the attorney general may be assessed a late registration fee of five hundred dollars ($500).
History: Laws 1999, ch. 124, § 12.
Effective dates. — Laws 1999, ch. 124, § 18 made Laws 1999, ch. 124, § 12 effective July 1, 1999.
Structure New Mexico Statutes
Chapter 57 - Trade Practices and Regulations
Article 22 - Charitable Solicitations
Section 57-22-1 - Short title.
Section 57-22-3 - Definitions.
Section 57-22-4 - Application of act.
Section 57-22-6 - Filing of required documents.
Section 57-22-6.1 - Professional fundraisers; registration.
Section 57-22-6.2 - Professional fundraisers; bond.
Section 57-22-6.4 - Professional fundraiser; records and reports.
Section 57-22-7 - Restriction on use of fact of filing in solicitation.
Section 57-22-8 - Disclosure of fundraising costs.
Section 57-22-9 - Authority of the attorney general.
Section 57-22-9.1 - Investigative demand; civil penalty.
Section 57-22-9.2 - Exchange of information with other states.
Section 57-22-10 - Standard of care.
Section 57-22-11 - Exemptions from state and local taxation.