Oklahoma § 18-552.3 - Registration - Fee - Information to be filed - Out-ofstate organizations

§ 18-552.3. Registration - Fee - Information to be filed - Out-ofstate organizations

A. No charitable organization that is either located within

this state or that is soliciting contributions from any person in

this state, except those specifically exempt under Section 552.4 of

this title, shall solicit contributions until the charitable

organization shall have registered with the Office of the Secretary

of State and filed information, as required by the Oklahoma

Solicitation of Charitable Contributions Act, on forms approved by

that office. At the time of registration, each charitable

organization, except as otherwise provided in this section, shall

pay a fee of Sixty-five Dollars ($65.00). The first Fifteen Dollars

($15.00) of the fee shall be deposited to the credit of the General

Revenue Fund of the State Treasury. Thirty-four Dollars ($34.00) of

the fee shall be deposited to the credit of the Attorney General

Charitable Solicitations Enforcement Revolving Fund and the

remaining Sixteen Dollars ($16.00) shall be deposited to the credit

of the Secretary of State Charitable Solicitations Revolving Fund.

Provided, a charitable organization whose contributions during the

previous registration period did not exceed Ten Thousand Dollars

($10,000.00) or if this is the charitable organization's first

registration period and the anticipated contributions for the

Oklahoma Statutes - Title 18. Corporations

current registration period are not expected to exceed Ten Thousand

Dollars ($10,000.00), shall pay a fee of Fifteen Dollars ($15.00) of

which Ten Dollars ($10.00) shall be deposited to the credit of the

Attorney General Charitable Solicitations Enforcement Revolving Fund

and the remaining Five Dollars ($5.00) shall be deposited to the

credit of the Secretary of State Charitable Solicitations Revolving

Fund. Each charitable organization that is required to register

under this act shall register annually with the Secretary of State

by the date that the charitable organization files its Form 990 or

by the date, plus extensions, that it is required to file its Form

990, whichever occurs first. Registration shall not be deemed to

constitute an endorsement by the state or by the Secretary of State

of any charitable organization or the proposed uses of the funds

solicited. The information so filed shall be available to the

general public. The charitable organization shall provide the

following information on the required forms:

1. The legal name of the charitable organization, any trade

names that the charitable organization uses, any other name the

organization may be identified or known as, and any distinctive

names the organization uses for purposes of solicitation of

contributions;

2. The mailing address of the charitable organization;

3. The name and mailing address of:

a. each officer, director, trustee, and/or equivalent, and

b. each salaried executive employee of the charitable

organization;

4. The name and mailing address of:

a. each professional fundraiser or professional solicitor

that will have custody of the contributions, and

b. each person associated with a professional fundraiser,

professional solicitor or charitable organization that

is directly responsible for the payment and

distribution of funds collected;

5. The name and mailing address of each professional

fundraising counsel utilized by the charitable organization;

6. For charitable organizations that register for the first

time, a statement of whether or not the charitable organization

believes contributions for the first year of registration will

exceed Ten Thousand Dollars ($10,000.00);

7. The purposes for which the contributions solicited are to be

used;

8. For the initial registration of a newly formed charitable

organization, a copy of a letter from the Internal Revenue Service,

or other evidence, showing that such organization is exempt from

federal income taxation; or, for a charitable organization that has

not applied for federal income tax exemption with the Internal

Revenue Service or is not required to apply for federal income tax

Oklahoma Statutes - Title 18. Corporations

exemption, evidence showing that said charitable organization is

organized in any state or jurisdiction as a not-for-profit entity;

9. An identification of the period of time or periods during

which solicitations are to be conducted, which may be specific

periods, estimated or projected time frames, or continuous, and

which may involve different periods for different types of

solicitations by the same charitable organization;

10. An identification of the specific method or methods of

solicitation utilized by the charitable organization and its agents;

11. Whether the solicitation is to be conducted by the

following for or on behalf of the charitable organization:

professional fundraisers, employees or volunteers of the charitable

organization, and/or others; and

12. If the solicitation is to be conducted in whole or in part

by professional fundraisers, the names and addresses of each

professional fundraiser involved in the solicitation; the basis of

payment or other consideration payable to each professional

fundraiser and the nature of the arrangements between the charitable

organization and each professional fundraiser, the specific amount,

formula or percentage of compensation, or property of any kind or

value to be paid or provided to each professional fundraiser; and if

payment is based on a percentage, the amount of compensation as a

percentage of the total contributions received, and the net amount

of the total contributions received (total contributions received,

less expenses of solicitation other than amounts payable to any

professional fundraiser).

B. In addition to the required information in subsection A of

this section, every charitable organization subject to the

provisions of the Oklahoma Solicitation of Charitable Contributions

Act that has solicited contributions during the previous fiscal year

shall provide the following information:

1. The gross amount of the contributions, gifts, grants and

other similar amounts received by the charitable organization;

2. The total Program Service Expenses of the charitable

organization;

3. The total Management and General Expenses of the charitable

organization;

4. The total Fundraising Expenses of the charitable

organization; and

5. The aggregate amount paid, or payable, to professional

fundraisers and professional fundraising counsel.

C. Any registration form required to be filed under this

section shall be executed by signature, without more, of the person

or persons signing the form, in which case the signature or

signatures shall constitute the affirmation of the signatory, under

penalty of perjury, that the signature is that person's act and deed

Oklahoma Statutes - Title 18. Corporations

or the act and deed of the organization, and that the facts stated

therein are true.

D. If a charitable organization that is registered with the

Secretary of State to solicit contributions in this state changes

its name or the mailing address of its principal office, or plans to

engage in the solicitation of contributions using a name that is not

listed on its registration form, then it shall, prior to soliciting

any funds in this state using any such name, file with the Secretary

of State a statement executed by an authorized officer of the

organization setting forth any new name and mailing address along

with a fee of Twenty-five Dollars ($25.00). Such fee shall be

deposited to the credit of the General Revenue Fund of the State

Treasury.

E. Any fraternal or membership organization not based in

Oklahoma which solicits contributions from any person of this state

by telephone, or contracts with professional fundraisers to solicit

such contributions, shall be required to have at least one member or

employee of the fraternal or membership organization residing within

the county where the call is received.

Added by Laws 1959, p. 88, § 3, emerg. eff. May 8, 1959. Amended by

Laws 1976, c. 200, § 1, emerg. eff. June 4, 1976; Laws 1978, c. 244,

§ 2, eff. July 1, 1978; Laws 1980, c. 364, § 1, eff. Oct. 1, 1980;

Laws 1984, c. 79, § 1, emerg. eff. April 3, 1984; Laws 1991, c. 320,

§ 1, eff. Sept. 1, 1991; Laws 1994, c. 235, § 9, eff. Sept. 1, 1994;

Laws 1997, c. 334, § 1, eff. July 1, 1997; Laws 1999, c. 421, § 2,

eff. Nov. 1, 1999; Laws 2000, c. 6, § 2, emerg. eff. March 20, 2000;

Laws 2005, c. 366, § 1, emerg. eff. June 6, 2005; Laws 2010, c. 460,

§ 3, eff. July 1, 2011; Laws 2013, c. 4, § 1, eff. Nov. 1, 2013.

NOTE: Laws 1999, c. 377, § 2 repealed by Laws 2000, c. 6, § 33,

emerg. eff. March 20, 2000.

§18-552.3a.

Repealed by Laws 2010, c. 460, § 15, eff. July 1, 2011.