S.C. Code § 33-56-10
Short Title
This chapter may be cited as the "South Carolina Solicitation of Charitable Funds Act".
South Carolina Code Title 33, Chapter 56 — Solicitation of Charitable Funds
South Carolina · statute · S.C. Code tit. 33, ch. 56 · 24 active provisions
S.C. Code § 33-56-20
Definitions
As used in this chapter, unless a different meaning is required by the context: (1)(a) "Charitable organization" means a person, as defined in item (7): (i) determined by the Internal Revenue Service to be a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code; (ii) that is or holds itself…
S.C. Code § 33-56-30
Registration statement; filing; form; contents; fee
(A) Except as otherwise provided in this chapter, a charitable organization which intends to solicit contributions within this State or have contributions solicited on its behalf must file a registration statement with the Secretary of State, on forms prescribed by the Secretary of State, by the date provided pursuant…
S.C. Code § 33-56-40
Children's Trust Fund of South Carolina exempt from fee
The Children's Trust Fund of South Carolina as established by Section 63-11-910 is required to register with the Secretary of State but is not required to pay the annual registration fee provided for in Section 33-56-30.
S.C. Code § 33-56-45
Registration and fee requirements for fire departments
A fire department conducting or intending to conduct a professional solicitation of charitable funds may comply with the registration and fee requirements of this chapter if the local governing body having jurisdiction over that department and other departments in its area singly registers the multiple departments annu…
S.C. Code § 33-56-50
Organizations exempt from registration provisions; alternate filings; fundraising activities
(A) The following are not required to file registration statements with the Secretary of State if their fundraising activities are not conducted by professional solicitors, professional fundraising counsel, or commercial coventurers: (1) an educational institution which solicits contributions from only its students and…
S.C. Code § 33-56-55
Application of chapter to parent-teacher associations or local chambers of commerce; reporting not required
The provisions of this chapter do not apply to a parent-teacher association affiliated with a school or to a local chamber of commerce. Reporting of fundraising activities or other reporting pursuant to this chapter is not required of a parent-teacher association or a local chamber of commerce whether or not they would…
S.C. Code § 33-56-60
Report of financial activities; filing requirements; contents; filing IRS Form 990, 990-EZ, or 990-PF as an alternative; exemption; penalty for failure to file
(A) A charitable organization that has filed a registration statement with the Secretary of State pursuant to Section 33-56-30, or that is soliciting contributions in this State, whether individually or collectively with other organizations, shall file in the office of the Secretary of State an annual report of its fin…
S.C. Code § 33-56-70
Contracts with professional solicitors to be in writing; filing requirements; joint financial report for each campaign; penalty for noncompliance
(A) A contract or agreement between any professional fundraising counsel, professional solicitor, or commercial co-venturer and a charitable organization must be in writing and filed with the Secretary of State at least ten days before the professional fundraising counsel, professional solicitor, or commercial co-ventu…
S.C. Code § 33-56-75
Donor list; professional fundraising counsel or professional solicitor; responsibilities and prohibitions; violations; fines
(A) A list provided by the charitable organization of the names, postal addresses, telephone numbers, email addresses, and the dates and amounts of each donation, of each contributor to a solicitation campaign organized pursuant to this chapter conducted by a professional fundraising counsel or professional solicitor i…
S.C. Code § 33-56-80
Filings to be public records
Registration statements and applications, reports, professional fundraising counsel contracts, professional solicitor contracts, or commercial co-venturer contracts, and all other documents and information required to be filed pursuant to this chapter or by the Secretary of State are public records in the office of the…
S.C. Code § 33-56-90
Disclosures to solicited parties; penalties
(A) At the initial time of solicitation, a professional solicitor must disclose its status as a "professional" or "paid" solicitor. The professional solicitor also must disclose the registered true name of the professional fundraising organization for which it works and the registered true name, location, and purpose o…
S.C. Code § 33-56-100
Fiscal records; retention for three years
In accordance with the regulations promulgated by the Secretary of State, a charitable organization, professional solicitor, professional fundraising counsel, or commercial co-venturer subject to the provisions of this chapter must keep the true fiscal records as to its activities in this State. The records must be ret…
S.C. Code § 33-56-110
Registration of professional solicitor, fund-raising counsel, or commercial co-venturer; application; surety bond; duration of registration; penalties; ineligible persons
(A) A person may not act as a professional solicitor, professional fundraising counsel, or commercial co-venturer for a charitable organization subject to the provisions of this chapter without first having registered with the Secretary of State. Registration includes filing of a complete application and filing fee. An…
S.C. Code § 33-56-120
Misrepresentations prohibited
(A) In connection with the solicitation of contributions or the sale of goods or services for charitable purposes, a person shall not misrepresent or mislead, knowingly and wilfully, a person by any manner, means, practice, or device. (B) A charitable organization, professional fundraising counsel, or professional soli…
S.C. Code § 33-56-130
Foreign organizations and solicitors deemed to appoint secretary as agent for service
If a charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer soliciting contributions from people in this State and having a principal place of business outside the State, or organized under and by virtue of the laws of a foreign state, is subject to the provisions o…
S.C. Code § 33-56-140
Investigations; notice of noncompliance; grounds for injunction; rejection of filings; hearings and appeals
(A) Upon his own motion or upon complaint of any person, the Secretary of State may investigate any charitable organization, professional fundraising counsel, professional solicitor, or commercial co-venturer to determine if it has violated the provisions of this chapter or has filed an application, or other informatio…
S.C. Code § 33-56-145
Penalties
(A) A person that knowingly and wilfully violates a provision of this chapter with the intent to deceive or defraud an individual or a charitable organization is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not more than five thousand dollars or imprisoned not more than one year, or b…
S.C. Code § 33-56-150
Division of Public Charities; Director
There is created in the office of the Secretary of State a Division of Public Charities which, under the direction and control of the Secretary of State, shall perform the duties imposed upon it by the provisions of this chapter. The executive and administrative head of the division is the Director of Public Charities…
S.C. Code § 33-56-160
Administrative fines and fees; disposition
(A) The first two hundred thousand dollars in administrative fine revenue received pursuant to this chapter in a fiscal year, not including fine revenues collected pursuant to Section 33-56-75, may be retained by the Secretary of State to offset the expenses of enforcing this chapter. All administrative fines collected…
S.C. Code § 33-56-170
Definitions of "charitable organization" and "employee" for purposes of SECTION 33-56-180
For purposes of Section 33-56-180: (1) "Charitable organization" means any organization, institution, association, society, or corporation which is exempt from taxation pursuant to Section 501(c)(3) or 501(d) of Title 26 of the United States Code, as amended. (2) "Employee" means an agent, servant, employee, or officer…
S.C. Code § 33-56-180
Limitation of liability for injury or death caused by employee of charitable organization
(A) A person sustaining an injury or dying by reason of the tortious act of commission or omission of an employee of a charitable organization, when the employee is acting within the scope of his employment, may recover in an action brought against the charitable organization only the actual damages he sustains in an a…
S.C. Code § 33-56-190
Exchange of information with other states
The Secretary of State may enter into agreements with the appropriate authority of another state for the purpose of exchanging information with respect to charitable organizations, professional fundraising counsel, professional solicitors, and commercial co-venturers.
S.C. Code § 33-56-200
Severability of provisions
The provisions of this chapter are severable. The unconstitutionality of one section or clause does not affect the constitutionality of the entire chapter.