South Carolina Code of Laws
Chapter 56 - Solicitation Of Charitable Funds
Section 33-56-30. Registration statement; filing; form; contents; fee.

(A) Except as otherwise provided in this chapter, a charitable organization which intends to solicit contributions within this State or have contributions solicited on its behalf must file a registration statement with the Secretary of State, on forms prescribed by the Secretary of State, by the date provided pursuant to Section 33-56-60 (A) but in all cases before solicitation. The registration forms and other documents prescribed by the Secretary of State must be (i) signed by the chief executive officer and chief financial officer of the charitable organization, (ii) certified as true, and (iii) filed, along with a fee of fifty dollars.
(B) The statements must contain:
(1) the name of the organization;
(2) the purpose for which it was organized;
(3) the principal address of the organization and the address of offices in this State. If the organization does not maintain an office, the name and address of the person having custody of its financial records;
(4) the names and addresses of the chief executive officer, chief financial officer, directors, trustees, officers, and board members;
(5) the names and addresses of chapters, branches, or affiliates in this State;
(6) the place and date the organization was legally established and the form of its organization;
(7) whether the organization intends to use a professional fundraising counsel, professional solicitor, or commercial co-venturer or hire individuals to solicit and, if so, their names and contact information;
(8) a copy of any determination letter recognizing the charitable organization's tax-exempt status from the Internal Revenue Service and any changes, amendments, or revocations to that letter unless those documents have been previously filed with the Secretary of State;
(9) the general purpose for which the solicited contributions are to be used;
(10) whether the organization is authorized by another local, state, or federal governmental authority to solicit contributions and, if so, a list of each;
(11) whether the organization is or has been the subject of a legal or administrative action concerning a charitable solicitation, fundraising campaign, or campaign with a commercial co-venturer by another local, state, or federal governmental authority including, but not limited to, registration or license revocation or denial, fines, injunctions, or suspensions, and an explanation of all actions;
(12) whether any of the organization's officers, directors, trustees, or board members have been the subject of a criminal conviction, including guilty or nolo contendere pleas, involving any charitable solicitations act, fraud, dishonesty, or false statement in a jurisdiction within the United States and, if so, a description and date of any such conviction;
(13) the charitable organization's Federal Employer's Identification Number (EIN);
(14) the name and address of the registered agent of the charitable organization, if incorporated;
(15) an annual financial report for the immediately preceding fiscal year filed on forms prescribed by the Secretary of State or on the Internal Revenue Service Form 990, 990EZ, or 990PF, unless that report already has been filed with the Secretary of State;
(16) a statement as to the relationship of any of the charitable organization's officers, directors, trustees, or board members by blood, marriage, or adoption to:
(a) each other; or
(b) a director or an officer of a professional fundraising counsel or professional solicitor under contract with the charitable organization.
If so, the names and addresses of the related parties.
HISTORY: 1994 Act No. 461, Section 1; 1996 Act No. 458, Part II, Section 28D; 1998 Act No. 368, Section 5; 2000 Act No. 336, Section 1; 2007 Act No. 69, Section 1, eff June 13, 2007.
Effect of Amendment
The 2007 amendment, in subsection (A), substituted "the date provided pursuant to Section 33-56-30(A)" for "July first of each year".

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 33 - Corporations, Partnerships and Associations

Chapter 56 - Solicitation Of Charitable Funds

Section 33-56-10. Short Title.

Section 33-56-20. Definitions.

Section 33-56-30. Registration statement; filing; form; contents; fee.

Section 33-56-40. Children's Trust Fund of South Carolina exempt from fee.

Section 33-56-45. Registration and fee requirements for fire departments.

Section 33-56-50. Organizations exempt from registration provisions; alternate filings; fundraising activities.

Section 33-56-55. Application of chapter to parent-teacher associations or local chambers of commerce; reporting not required.

Section 33-56-60. Report of financial activities; filing requirements; contents; filing IRS Form 990, 990-EZ, or 990-PF as an alternative; exemption; penalty for failure to file.

Section 33-56-70. Contracts with professional solicitors to be in writing; filing requirements; joint financial report for each campaign; penalty for noncompliance.

Section 33-56-75. Donor list; professional fundraising counsel or professional solicitor; responsibilities and prohibitions; violations; fines.

Section 33-56-80. Filings to be public records.

Section 33-56-90. Disclosures to solicited parties; penalties.

Section 33-56-100. Fiscal records; retention for three years.

Section 33-56-110. Registration of professional solicitor, fund-raising counsel, or commercial co-venturer; application; surety bond; duration of registration; penalties; ineligible persons.

Section 33-56-120. Misrepresentations prohibited.

Section 33-56-130. Foreign organizations and solicitors deemed to appoint secretary as agent for service.

Section 33-56-140. Investigations; notice of noncompliance; grounds for injunction; rejection of filings; hearings and appeals.

Section 33-56-145. Penalties.

Section 33-56-150. Division of Public Charities; Director.

Section 33-56-160. Administrative fines and fees; disposition.

Section 33-56-170. Definitions of "charitable organization" and "employee" for purposes of Section 33-56-180.

Section 33-56-180. Limitation of liability for injury or death caused by employee of charitable organization.

Section 33-56-190. Exchange of information with other states.

Section 33-56-200. Severability of provisions.