An Administrator's Guide to California Private School Law

Chapter 19 – Fundraising

annually renew that registration. 2529 Schools may not contract with any Fundraising Counsel, and may void any already signed contract, if the Fundraising Counsel is not registered with the Attorney General’s office. 2530 Fundraising Counsel must also file an additional report with the Attorney General’s Registry of Charitable Trusts at least 10 working days before beginning any fundraising counsel services for a nonprofit corporation. 2531 That report must identify the Fundraising Counsel, the school and its contact person, and projected dates of performance. 2532 C. C ONTRACTS WITH C OMMERCIAL F UNDRAISERS OR F UNDRAISING C OUNSEL Nonprofit corporations are required to enter into written contracts with Commercial Fundraisers or Fundraising Counsel for each separate solicitation campaign. 2533 A school must ensure these contracts must be signed by an individual authorized to sign contracts for the school. 2534 Each separate written contract for both Commercial Fundraisers and Fundraising Counsel must state or contain all of the following provisions:

 Charitable purposes for which solicitation campaign is being conducted 2535 ;  Respective obligations of Commercial Fundraiser or Fundraising Counsel and the school 2536 ;  Fee arrangements 2537 ;  Contact term and start dates for solicitation activity 2538 ;  Statement that the school has control and approval over the content and frequency of any solicitation 2539 ;  Statement that the school may cancel the contract without cost, penalty, or liability for a period of 10 days following the date the contract is executed by providing written notice of cancellation on the Commercial Fundraiser or Fundraising Counsel. The school is entitled to recover all funds collected before or after cancellation.2540;  School must mail a duplicate copy of this notice of cancellation within 10 days to the Attorney General’s Registry of Charitable Trusts 2541 ;  Statement that, following the initial 10-day cancellation period, the school may terminate the contract by giving 30 days’ written notice. The school will be liable for all services provided up to the date of termination 2542 ;  Statement that, following the initial 10-day cancellation period, the school may terminate the contract at any time, without payment or compensation of any kind to the Commercial Fundraiser or Fundraising Counsel, if that person or entity: (1) makes a material misrepresentation related to the solicitations or the school; (2) is convicted of a crime arising from fundraising conduct or activities; or (3) conducts fundraising activities in a manner that causes or could cause public disparagement of the school’s good name or good will. 2543  Any other information required by the Attorney General. 2544

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 609