DSpruce Posted September 10, 2023 Share Posted September 10, 2023 3 minutes ago, JimF-LowBari said: looked at SCV webpage and saw nothing on donations. Ads for bingo and clothing but no donate pages or links They are there. Look under the support tab. 1 Link to comment Share on other sites More sharing options...
scheherazadesghost Posted September 10, 2023 Share Posted September 10, 2023 (edited) 1 hour ago, JimF-LowBari said: FYI just looked at SCV webpage and saw nothing on donations. Ads for bingo and clothing but no donate pages or links. Indeed there are. Not a lawyer, but: https://bolderadvocacy.org/2021/07/09/does-your-nonprofit-have-a-donation-page-heres-what-you-need-to-know/ "Your donation page is legally considered a solicitation — a formal request for funds from a donor. A solicitation potentially triggers legal requirements under federal law, and often under state law too. ... State laws vary, but the majority require charitable organizations to register with them if they solicit donations to their residents. Before the rise of the internet, that was straightforward, but complying with these laws became substantially trickier when residents of one state clicked on the donate now buttons on the solicitation pages of charities across state lines." It looks as though there's no legal distinction between a formal donor campaign and a donation page on a website. And, possibly, my earlier point about accepting donations across state lines isn't moot. But I welcome clarification. Edit to add: best practices for online solicitation are called The Charleston Principles here: https://www.cogencyglobal.com/blog/online-donate-now-buttons-and-state-charitable-registration https://blog.winspireme.com/charity-compliance-solicit-multiple-states-podcast https://www.loeb.com/en/insights/publications/2021/11/california-enacts-ab-488-to-regulate-online-charitable-fundraising-platforms Edited September 10, 2023 by scheherazadesghost Link to comment Share on other sites More sharing options...
JimF-LowBari Posted September 10, 2023 Share Posted September 10, 2023 15 minutes ago, DSpruce said: They are there. Look under the support tab. Ok one has to click the drop down in the top right…. Link to comment Share on other sites More sharing options...
DSpruce Posted September 10, 2023 Share Posted September 10, 2023 Best definition could find off hand https://www.501c3.org/501c3-services/charitable-solicitations-registration-2/charitable-solicitation-model-act/ “(c) “Solicit” and “solicitation” mean the request directly or indirectly for money, credit, property, financial assistance, or other thing of any kind or value on the plea or representation that such money, credit, property, financial assistance, or other thing of any kind or value, or any portion thereof, will be used for a charitable purpose or benefit a charitable organization. Without limiting the scope of the foregoing, these words shall include the following methods of requesting or securing such money, credit, property, financial assistance or other thing of value: (1) Any oral or written request; (2) the making of any announcement to the press, over the radio or television or by telephone or telegraph concerning an appeal or campaign by or for any charitable organization or purpose; (3) the distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain public support; (4) the sale of, offer or attempt to sell, any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies or other tangible item in connection with which any appeal is made for any charitable organization or purpose, or where the name of any charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will be used for any charitable purpose or benefit any charitable organization.” Seems to hinge on whether the mere existence of a donate button is a request. Different sources seem to have different takes. Link to comment Share on other sites More sharing options...
JimF-LowBari Posted September 10, 2023 Share Posted September 10, 2023 3 minutes ago, DSpruce said: Best definition could find off hand https://www.501c3.org/501c3-services/charitable-solicitations-registration-2/charitable-solicitation-model-act/ “(c) “Solicit” and “solicitation” mean the request directly or indirectly for money, credit, property, financial assistance, or other thing of any kind or value on the plea or representation that such money, credit, property, financial assistance, or other thing of any kind or value, or any portion thereof, will be used for a charitable purpose or benefit a charitable organization. Without limiting the scope of the foregoing, these words shall include the following methods of requesting or securing such money, credit, property, financial assistance or other thing of value: (1) Any oral or written request; (2) the making of any announcement to the press, over the radio or television or by telephone or telegraph concerning an appeal or campaign by or for any charitable organization or purpose; (3) the distribution, circulation, posting or publishing of any handbill, written advertisement or other publication which directly or by implication seeks to obtain public support; (4) the sale of, offer or attempt to sell, any advertisement, advertising space, book, card, tag, coupon, device, magazine, membership, merchandise, subscription, flower, ticket, candy, cookies or other tangible item in connection with which any appeal is made for any charitable organization or purpose, or where the name of any charitable organization is used or referred to in any such appeal as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will be used for any charitable purpose or benefit any charitable organization.” Seems to hinge on whether the mere existence of a donate button is a request. Different sources seem to have different takes. Sounds like the law hasn’t caught up to the internet age on this issue. Not the only place either… Link to comment Share on other sites More sharing options...
scheherazadesghost Posted September 10, 2023 Share Posted September 10, 2023 There is less confusion regarding whether the Feeding Vanguard Forever campaign from earlier this year was permitted during VMAPA's delinquency status with the state. That was an intentional campaign including direct solicitation. The delinquency had been ongoing for several years by that point. https://www.zeffy.com/en-US/peer-to-peer/ac4f8676-e138-4038-b932-541c89bf6bde Link to comment Share on other sites More sharing options...
DSpruce Posted September 10, 2023 Share Posted September 10, 2023 Re Feeding Vanguard Forever, nothing has been promoted or raised since the issue was understood. Thanks again for sitting in on meetings without telling us about it. Will pass along feedback on the text within the url. Link to comment Share on other sites More sharing options...
scheherazadesghost Posted September 10, 2023 Share Posted September 10, 2023 Let us all hope that ignorance of law is enough to keep regulatory repercussions minimal, and also that such clear administrative oversights of easily searchable laws never happen again to threaten the charity status of VMAPA in California. Link to comment Share on other sites More sharing options...
DSpruce Posted September 10, 2023 Share Posted September 10, 2023 I’m sure colleague RL hoped to keep regulatory repercussions minimal as well as he reported to every available agency costing the org time and money to address but no other harm, and as he explicitly explained the objective of getting the org’s license revoked so he could take over control. What’s the point of this war anymore. Link to comment Share on other sites More sharing options...
DSpruce Posted September 10, 2023 Share Posted September 10, 2023 Mods, time to perk up I’m guessing. Link to comment Share on other sites More sharing options...
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