Prior to soliciting funds in the State
of Kansas, charitable organizations must file a registration form
with the Secretary of State. The form requires that the organization
supply information regarding its location, purpose, individuals
who are responsible for the organization's conduct, and a financial
statement, pursuant to K.S.A. 17-1763.
No. Registration with the Secretary of State is not an endorsement
by the State of Kansas, and it is unlawful for any charitable organization,
professional fundraiser, or professional solicitor to represent
that its registration with the state constitutes an endorsement.
Yes. Kansas law, specifically, K.S.A. 17-1766,
requires a solicitor to provide the following information: The organization's
name, address, telephone number and registration number, the professional
solicitor's registration number (if applicable), and to explain
that there is an annual financial report for the organization from
the preceding year on file with the Secretary of State.
A professional fundraiser is defined in Kansas law at K.S.A. 17-1760(d).
A professional fundraiser is a person who contracts with, or is
compensated by, a charitable organization for the primary purpose
of soliciting funds. Professional fundraisers often help plan solicitations
and prepare solicitation materials.
requires any professional fundraiser conducting fundraising in Kansas
to register with the Secretary of State. The fundraiser registers
by submitting a written application made under oath. The registration
expires on June 30, and must be renewed annually. All professional
fundraisers must also file an annual report containing the names
and addresses of the organization and its officers, directors, and
employees, the names of the individuals who are responsible for
the organization's conduct, and general financial information.
(L. 2001, Ch 105).
A professional solicitor is defined in Kansas law at K.S.A. 17-1760(e).
A professional solicitor is a person who is employed or compensated
by a professional fundraiser to solicit contributions in this state.
sets forth the filing requirements of professional solicitors. A
professional solicitor must register with the Secretary of State.
The registration expires on June 30, and must be renewed annually.
The solicitor is issued a license after submitting a written application
made under oath to the Secretary of State.
prohibits the following illegal acts: (1) violating or failing to
comply with the requirements of the act, (2) using any deceptive
practices, such as exaggerating or concealing a material fact, (3)
misrepresenting that the contribution will benefit a charity by
unauthorized use of its name or symbol, (4) using donations for
unauthorized purposes, and (5) using the registration to imply endorsement
by the state.
You should contact the Consumer Protection Division of the Attorney
General's Office or your county attorney. Once a complaint is received,
the Attorney General's office will contact the charity directly
and ask for an explanation of its actions.
The violator of the act is liable to the aggrieved contributor or
to the state or county for payment of a civil penalty of not more
than $10,000 for each violation. In addition, the Attorney General
and county or district attorney may collect reasonable expenses
and investigation fees. Additional penalties may be imposed if the
violation is committed against an elderly or disabled person. (L.
2001, Ch. 105)
Are all charitable organizations required
No. Certain charitable organizations are exempt from registration.
The list of exemptions is contained in K.S.A. 17-1762.