N.J. Admin. Code § 13:48-10.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:48-10.2 - Records of fund raising counsel and independent paid fund raiser

(a) Every fund raising counsel and independent paid fund raiser that has or intends to have custody, control, possession or access to a charitable organization's monies shall also maintain during each solicitation campaign, and for not less than three years after the completion of such campaign, the following records, which shall be available for inspection upon demand by the Attorney General:

1. The name, home address and telephone number of each employee, solicitor or other person involved in the solicitation;

2. Records of all revenue received and expenses incurred in the course of the solicitation campaign;

3. Records of all contributions, including the name and address of each contributor and the date and amount of the contribution, except that recordkeeping with regard to donations of goods and services in kind shall be limited to the dollar value received by or accruing to the charitable organization. In the case of vehicle donations, records shall include the vehicle identification number and model of the vehicle, the expenses related to the disposition of the vehicle and the net proceeds to the charity, unless the vehicle itself became the charitable organization's property;

4. The name, location and account number of each bank or other financial institution in which the fund raising counsel or independent paid fund raiser has deposited revenue from the solicitation campaign;

5. Records of the name, address and telephone number of each contributor donating tickets and the number of tickets donated, and of the name, address and telephone number of each organization receiving donated tickets for use by others, including the number of tickets for use by others, if a fund raising counsel or an independent paid fund raiser sells tickets to an event and represents that tickets will be donated for use by another; and

6. A copy of each advertisement, publication, solicitation or other material used as part of the charitable sales promotion to directly or indirectly induce a contribution.

(b) An independent paid fund raiser or fund raising counsel who does not have custody, control, possession or access to a charitable organization's funds shall also maintain for a period of three years the report it receives or obtains from the charity in accordance with 13:48-9.1(f).

(c) A fund raising counsel or an independent paid fund raiser who performs services for a charitable organization exempt from registration requirements pursuant to 13:48-3.3 shall nonetheless be subject to the requirements of this section.

N.J. Admin. Code § 13:48-10.2

Amended by R.2011 d.061, effective 2/22/2011.
See: 42 N.J.R. 1676(a), 43 N.J.R. 439(a).
In the introductory paragraph of (a), substituted "that" for the first occurrence of "which", and inserted "possession"; in (a)3, substituted "services in kind" for "personal property" and a period for a semicolon following "organization", and inserted the last sentence; in (a)4, deleted "and" from the end; in (a)5, substituted "; and" for a period at the end; added (a)6 and new (b); and recodified former (b) as (c).