Most states have adopted charitable solicitation laws designed to protect donors, the general public, and charities themselves from fraud. Generally, these laws require charities and their fundraisers to register with the state, describe their fundraising activities, file financial documents, and pay a fee that covers the administrative expenses of monitoring charities. The Federal Trade Commission authorizes the filing of complaints when it has reason to believe that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest.
A New Hampshire Fundraising Agreement is a legally binding contract that governs the relationship between a charitable organization and a professional fundraising consultant or professional solicitor operating within the state of New Hampshire. This agreement outlines the terms and conditions regarding the activities, responsibilities, and compensation of the fundraising consultant/solicitor. In New Hampshire, there are several types of fundraising agreements that may be established, depending on the nature and scope of the fundraising activities: 1. Professional Fundraising Consultant Agreement: This agreement is entered into between a charitable organization and a professional consultant hired to assist in planning, managing, and coordinating fundraising campaigns. The consultant provides expertise, guidance, and strategic support to the organization in areas such as donor acquisition, donor cultivation, event planning, and grant writing. 2. Professional Solicitor Agreement: This agreement is entered into between a charitable organization and a professional solicitor engaged to conduct direct fundraising activities on behalf of the organization. A professional solicitor generally contacts potential donors directly through methods such as telephone solicitation, direct mail campaigns, or online fundraising. The agreement outlines the specific terms, regulations, and requirements surrounding these solicitation activities, including compliance with New Hampshire state laws. Key elements typically included in a New Hampshire Fundraising Agreement may include: a. Purpose of the Agreement: Clearly stating the objectives and expectations of the fundraising activities and the role of the fundraising consultant/solicitor. b. Scope of Work: Detailing the specific fundraising activities to be performed, such as event planning, grant writing, donor communication, marketing, or solicitation efforts. c. Compensation: Outlining the agreed-upon compensation structure, including fee structures, commission rates, or reimbursement of expenses incurred during the fundraising process. d. Obligations and Responsibilities: Defining the responsibilities and obligations of both the charitable organization and the fundraising consultant/solicitor, including compliance with all applicable laws, maintenance of required licenses, and adherence to ethical fundraising practices. e. Confidentiality: Addressing the handling and protection of any confidential or proprietary information exchanged between the parties during the course of the fundraising activities. f. Termination: Establishing the conditions under which either party may terminate the agreement, such as breach of contract, failure to achieve fundraising goals, or non-compliance with legal requirements. g. Governing Law: Specifying that the agreement shall be governed by and interpreted in accordance with the laws of the state of New Hampshire. It is crucial for both charitable organizations and fundraising consultants/solicitors to carefully review and negotiate the terms of a New Hampshire Fundraising Agreement to ensure compliance with state regulations and to establish clear expectations for the fundraising partnership. Seeking legal counsel is advisable to ensure all legal requirements are met and the agreement is custom-tailored to the specific needs and goals of the parties involved.A New Hampshire Fundraising Agreement is a legally binding contract that governs the relationship between a charitable organization and a professional fundraising consultant or professional solicitor operating within the state of New Hampshire. This agreement outlines the terms and conditions regarding the activities, responsibilities, and compensation of the fundraising consultant/solicitor. In New Hampshire, there are several types of fundraising agreements that may be established, depending on the nature and scope of the fundraising activities: 1. Professional Fundraising Consultant Agreement: This agreement is entered into between a charitable organization and a professional consultant hired to assist in planning, managing, and coordinating fundraising campaigns. The consultant provides expertise, guidance, and strategic support to the organization in areas such as donor acquisition, donor cultivation, event planning, and grant writing. 2. Professional Solicitor Agreement: This agreement is entered into between a charitable organization and a professional solicitor engaged to conduct direct fundraising activities on behalf of the organization. A professional solicitor generally contacts potential donors directly through methods such as telephone solicitation, direct mail campaigns, or online fundraising. The agreement outlines the specific terms, regulations, and requirements surrounding these solicitation activities, including compliance with New Hampshire state laws. Key elements typically included in a New Hampshire Fundraising Agreement may include: a. Purpose of the Agreement: Clearly stating the objectives and expectations of the fundraising activities and the role of the fundraising consultant/solicitor. b. Scope of Work: Detailing the specific fundraising activities to be performed, such as event planning, grant writing, donor communication, marketing, or solicitation efforts. c. Compensation: Outlining the agreed-upon compensation structure, including fee structures, commission rates, or reimbursement of expenses incurred during the fundraising process. d. Obligations and Responsibilities: Defining the responsibilities and obligations of both the charitable organization and the fundraising consultant/solicitor, including compliance with all applicable laws, maintenance of required licenses, and adherence to ethical fundraising practices. e. Confidentiality: Addressing the handling and protection of any confidential or proprietary information exchanged between the parties during the course of the fundraising activities. f. Termination: Establishing the conditions under which either party may terminate the agreement, such as breach of contract, failure to achieve fundraising goals, or non-compliance with legal requirements. g. Governing Law: Specifying that the agreement shall be governed by and interpreted in accordance with the laws of the state of New Hampshire. It is crucial for both charitable organizations and fundraising consultants/solicitors to carefully review and negotiate the terms of a New Hampshire Fundraising Agreement to ensure compliance with state regulations and to establish clear expectations for the fundraising partnership. Seeking legal counsel is advisable to ensure all legal requirements are met and the agreement is custom-tailored to the specific needs and goals of the parties involved.
