California Fundraising Consultant and Solicitor State Registration Definitions
Every State Names and Defines Fundraising Professionals Differently
Fundraising Consultant is similar to Fundraising Counsel, but there may be different definitions from one state to the next. A Fundraiser is often the same as a Professional Solicitor, but not always.
12599.1. (a) Fundraising counsel for charitable purposes is defined as any individual, corporation, unincorporated association, or other legal entity who is described by all of the following:
(1) For compensation plans, manages, advises, counsels, consults, or prepares material for, or with respect to, the solicitation in this state of funds, assets, or property for charitable purposes.
(2) Does not solicit funds, assets, or property for charitable purposes.
(3) Does not receive or control funds, assets, or property solicited for charitable purposes in this state.
(4) Does not employ, procure, or engage any compensated person to solicit, receive, or control funds, assets, or property for charitable purposes.
(b) "Fundraising counsel for charitable purposes" does not include any of the following:
(1) An attorney, investment counselor, or banker who in the conduct of that person's profession advises a client when actually engaged in the giving of legal, investment, or financial advice.
(2) A trustee as defined in Section 12582 or 12583.
(3) A charitable corporation as defined in Section 12582.1, or any employee thereof.
(4) A person employed by or under the control of a fundraising counsel for charitable purposes, as defined in subdivision (a).
(5) A person, corporation, or other legal entity, engaged as an independent contractor directly by a trustee or a charitable corporation, that prints, reproduces, or distributes written materials prepared by a trustee, a charitable corporation, or any employee thereof, or that performs artistic or graphic services with respect to written materials prepared by a trustee, a charitable corporation, or any employee thereof, provided that the independent contractor does not perform any of the activities described in paragraph (1) of subdivision (a).
(6) A person whose total annual gross compensation for performing any activity described in paragraph (1) of subdivision (a) does not exceed twenty-five thousand dollars ($25,000).