North Carolina · statute · N.C. Gen. Stat. ch. 131F · 22 active provisions
Purpose. The General Assembly recognizes the right of persons or organizations to conduct solicitation activities. It is the intent of the General Assembly to protect the public by requiring full disclosure by persons who solicit contributions from the public of the purposes for which the contributions are solicited an…
Definitions. The following definitions apply in this Chapter: (1) "Association" means any voluntary statewide organization of persons for common ends especially as in an organized group working together or periodically meeting because of common interests, beliefs, or professions. These associations may serve charitable…
Exemptions. The following are exempt from the provisions of this Chapter: (1) Any person who solicits charitable contributions for a religious institution. (2) Solicitation of charitable contributions by the federal, State, or local government, or any of their agencies. (3) Any person who receives less than fifty thous…
Licensure of charitable organizations and sponsors required. (a) License Required. - Unless exempted under G.S. 131F-3, a charitable organization, sponsor, or person that intends to solicit contributions in this State, to have funds solicited on its behalf, or to participate in a charitable sales promotion or sponsor s…
Information required for licensure. (a) Initial Information Required. - The initial application for a license for a charitable organization or sponsor shall be submitted on a form provided by the Department, signed under oath by the treasurer or chief fiscal officer of the charitable organization or sponsor, and shall…
Consolidated application and renewal. (a) Election to File Consolidated Application. - Each chapter, branch, member, or affiliate of a parent organization or association that is required to obtain a license under G.S. 131F-5 shall either file a separate application or shall report the required information to its parent…
License fees. (a) Required Fees. - Except as provided in subsections (b) and (c) of this section, every charitable organization or sponsor shall pay the following fees with each license application: (1) Fifty dollars ($50.00), if the contributions received for the last fiscal year were less than one hundred thousand do…
Disclosure requirements of charitable organizations and sponsors. (a) Contributions for Expressed Purpose. - A charitable organization or sponsor shall solicit contributions only for the purpose expressed in its application and may apply contributions only in a manner substantially consistent with that purpose. (b) Dis…
Disclosure requirements for other organizations. Any person who is not a charitable organization or sponsor and who places or maintains a collection receptacle in public view for the purpose of collecting donated clothing, household items, and other items for resale shall display on all sides of each collection recepta…
License required for fund-raising consultant. (a) License Required. - Unless exempted under G.S. 131F-3, a person shall not act as a fund-raising consultant in this State unless that person has obtained a license from the Department. (b) License Application. - Applications for a license or renewal of a license shall be…
License required for solicitors. (a) Licensure Required. - Unless exempted under G.S. 131F-3, a person shall not act as a solicitor in this State unless that person has obtained a license from the Department and paid the applicable fees. (b) Applications. - Applications for a license or renewal of a license shall be su…
Disclosure requirements of solicitors. (a) General Disclosures. - A solicitor shall comply with the following disclosures: (1) Prior to orally requesting a contribution or along with a written request for a contribution, a solicitor shall clearly disclose: a. The name of the solicitor as on file with the Department. b.…
Requirements of coventurers. (a) Written Consent. - Prior to the commencement of any charitable sales promotion or sponsor sales promotion in this State conducted by a coventurer on behalf of a charitable organization or sponsor, the coventurer shall obtain the written consent of the charitable organization or sponsor…
Prohibited acts. It is unlawful for any person to: (1) Violate or fail to comply with the requirements of this Chapter. (2) Act as a fund-raising consultant or solicitor after the expiration, suspension, or revocation of that person's license. (3) Enter into any contract or agreement with or employ a fund-raising consu…
Violation as deceptive or unfair trade practice. Any person who commits an act or practice that violates any provision of this Chapter engages in an unfair trade practice in violation of G.S. 75-1.1. (1993 (Reg. Sess., 1994), c. 759, s. 2.)
Criminal penalties. Except as otherwise provided in this Chapter and in addition to any administrative or civil penalties, any person who willfully and knowingly violates a provision of this Chapter commits a Class 1 misdemeanor. (1981, c. 886, s. 1; 1993, c. 539, s. 952; 1993 (Reg. Sess., 1994), c. 759, s. 2.)
Enforcement. (a) Investigation. - The Department may conduct an investigation of any person whenever there is an allegation or appearance, either upon complaint or otherwise, that a violation of this Chapter or of any rule adopted or of any order issued pursuant to this Chapter has occurred or is about to occur. (b) Su…
Civil remedies and enforcement. (a) Civil Remedies. - In addition to other remedies authorized by law, the Attorney General may bring a civil action in superior court to enforce this Chapter. Upon a finding that any person has violated this Chapter, a court may make any necessary order or enter a judgment, including a…
Public information; annual report. (a) Public Information Program. - The Department shall develop a public information program to further the purposes of this Chapter. The purpose of the program is to help the public recognize unlawful, misleading, deceptive, or fraudulent solicitations and make knowledgeable, informed…
Contributions solicited for, or accepted by or on behalf of, a named individual. (a) Trust Account Required. - Contributions solicited for, or accepted by or on behalf of, a named individual shall be deposited in a trust account opened by a trustee named in a properly established trust document. (b) Use of Trust Funds.…
Records. Each charitable organization, sponsor, fund-raising consultant, and solicitor shall keep, for a period of at least three years, true and accurate records as to their activities in the State. The records shall be made available to the Department for inspection and shall be furnished no later than 10 days after…
Rulemaking authority. The Department shall have the authority to adopt rules necessary for the implementation of this Chapter or to prevent false or deceptive statements or conduct in the solicitation of charitable contributions. (1981, c. 886, s. 1; 1993 (Reg. Sess., 1994), c. 759, s. 2; 2025-25, s. 29(6).)