8 Colo. Code Regs. § 1505-9-1

Current through Register Vol. 47, No. 11, June 10, 2024

Rule 8 CCR 1505-9-1 - Definitions

As used in these rules and in the Colorado Charitable Solicitations Act:

1.1 "Accounting period" means the time period for keeping records and reporting income and expenses.

1.2 "Agent" means an individual who, by the principal's written authority, transacts business or manages affairs for the principal, and provides an accounting to the principal. "Agent" includes "subcontractors."

1.3 "Authorized officer" means the individual designated by the filing entity to electronically sign forms on behalf of the organization in accordance with the CCSA. This individual must be an officer of a nonprofit corporation, a trustee of a charitable trust, or a senior manager member of any other entity subject to the filing requirements of the CCSA.

1.4 "Bona fide personal emergency":

1.4.1 Includes:

(a) A medical emergency affecting a registrant or member of registrant's immediate family, including incapacitation, hospitalization, accident, or death.

(b) A practical emergency including extraordinary obstacles out of the registrant's control that prevents timely disclosure such as the loss or unavailability of records or a computer due to fire, flood, or theft.

1.4.2 Excludes:

(a) Failure to timely file documents due to failure to plan.

(b) Accounting delays.

(c) Misunderstanding of applicable disclosure requirements and deadlines.

(d) Mistakes in electronic filing submission, including incomplete filings resulting in rejection of the document.

(e) Lack of access to internet or computer.

(f) Lack of corporate credit card or other means of making online payments.

1.5 "CCSA" means the Colorado Charitable Solicitations Act codified at Article 16 of Title 6, C.R.S.

1.6 "Directly employed", as used in section 6-16-103(7)(d), C.R.S., means the charitable organization controls or directs the means and methods of accomplishing the result of the individual's work, regardless of whether the individual is employed full-time or part-time, is paid a salary or on commission, or is called an employee or an agent or independent contractor.

1.7 "EIN," an employer identification number, means the Federal Tax Identification Number used to identify a business entity.

1.8 "E-mail address" in section 6-16-114(1)(b)(II), C.R.S., means the e-mail address provided by and belonging to an authorized officer during the creation of a registrant's online account.

1.9 "Fiscal year" means annual accounting period.

1.10 "Form of the applicant's business" means an entity listed in section 7-90-102, C.R.S., or similar business statutes in other states but excludes the organization's purpose and tax-exempt status.

1.11 "Gross revenue" means all revenue received from any source during the organization's accounting period, without subtracting costs or expenses. "Gross revenue" excludes receipt of funds by a pass-through agent that lacks the right to use or benefit from them.

1.12 "Name or names," as used in section 6-16-104(2)(a), C.R.S., includes:

1.12.1 "Doing business as," "also known as," or trade names; and

1.12.2 The name of any donor-advised fund that solicits contributions from the public using its own name, unless, in all written and oral solicitations, the fund clearly identifies itself as a "donor-advised fund" of a specified charitable organization that is either registered with the Secretary of State or exempt under section 6-16-104(6)(a) through (d), C.R.S.

1.13 "Newly-Formed Charitable Organization" means an organization that has not reached the 15th day of the fifth month following the close of its first fiscal year.

1.14 "Person Responsible for Directing and Supervising the Conduct of the Campaign", in accordance with section 6-16-104.6(7)(b), C.R.S., includes agents or subcontractors of the paid solicitor.

1.15 "Principal Place of Business" means the street address of the organization's usual place of business. "Principal place of business", as used in these rules, does not include a post office box or private mailbox.

1.16 "Registrant," as used in these rules, refers collectively to charitable organizations, professional fundraising consultants, and paid solicitors subject to CCSA requirements.

1.17 "Short-period registration and financial statement" means a registration and financial statement covering a period of less than 12 months.

1.18 "State Elections Commission" includes, for purposes of section 6-16-104(6)(b), C.R.S., the Secretary of State's Campaign and Political Finance Program.

1.19 "Subcontractor," includes the agent but not employee of a paid solicitor who solicits on behalf of the paid solicitor for the benefit of a charitable organization that contracted with the paid solicitor.

8 CCR 1505-9-1

41 CR 20, October 25, 2018, effective 11/14/2018