Section 1360-03-01-.07 - APPLICATION OF REGISTRATION REQUIREMENTS TO INTERNET SOLICITATION(1) Entities That Are Domiciled Within Tennessee (a) An entity that is domiciled within Tennessee and uses the Internet to conduct charitable solicitations in Tennessee must register with the division, unless exempt from the registration requirements pursuant to Tennessee Code Annotated Section 48-101-502. This is true without regard to whether the Internet solicitation methods it uses are passive or interactive, maintained by itself or another entity with which it contracts, or whether it conducts solicitations in any other manner.(b) An entity is domiciled within Tennessee if its principal place of business is in Tennessee.(2) Entities That Are Domiciled Outside Tennessee An entity that is not domiciled within Tennessee must register in accordance with the law of Tennessee, unless exempt from the registration requirements, if:
(a) Its non-Internet activities alone would be sufficient to require registration;(b) The entity solicits contributions through an interactive Web site; and(c) Either the entity: (i) Specifically targets persons physically located in Tennessee for solicitation, or(ii) Receives contributions from Tennessee on a repeated and ongoing basis or a substantial basis through its Web site; or(d) The entity solicits contributions through a site that is not interactive, but either specifically invites further offline activity to complete a contribution, or establishes other contacts with Tennessee state, such as sending e-mail messages or other communications that promote the Web site; and(e) The entity satisfies (2)(c).Tenn. Comp. R. & Regs. 1360-03-01-.07
Original rule filed November 6, 2007; effective March 28, 2007.Authority: T.C.A. § 48-101-503(b).