The following charitable organizations, persons and institutions are exempt from the license requirements of section 5004:
A. Organizations that solicit primarily within their membership and where solicitation activities are conducted by members.
For purposes of this paragraph, the term "membership" does not include those persons who are granted a membership upon making
a contribution as a result of a solicitation; [1999, c. 386, Pt. A, §15 (AMD).]
B. [1983, c. 277, §3 (RP).]
C. Persons soliciting contributions for the relief of any individual specified by name at the time of the solicitation, when
all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary for that individual's
use; [1999, c. 386, Pt. A, §15 (AMD).]
D. Charitable organizations that do not intend to solicit and receive and do not actually solicit or receive contributions
from the public in excess of $10,000 during a calendar year or do not receive contributions from more than 10 persons during
a calendar year, if all fund-raising activities are carried on by persons who are unpaid for their services and if no part
of the assets or income inures to the benefit of or is paid to any officer or member. If a charitable organization that does
not intend to solicit or receive contributions from the public in excess of $10,000 during a calendar year does actually solicit
or receive contributions in excess of that amount, whether or not all such contributions are received during a calendar year,
the charitable organization, within 30 days after the date contributions reach $10,000, must be licensed with and report to the Office of Professional and Occupational Regulation as required by this Act; [2007, c. 402, Pt. A, §5 (AMD); 2011, c. 286, Pt. B, §5 (REV).]
E. Educational institutions, the curriculums of which in whole or in part are registered or approved by the Department of Education,
either directly or by acceptance of accreditation by an accrediting body recognized by the Department of Education, and organizations
operated by the student bodies of such institutions; and [1989, c. 700, Pt. A, §35 (AMD).]
F. Hospitals that are nonprofit and charitable. [1999, c. 386, Pt. A, §15 (AMD).]
2007, c. 402, Pt. A, §5 (AMD);
2011, c. 286, Pt. B, §5 (REV)
1989, c. 55, §3 (RP)
3.Procedures for claiming exemption from licensure.
A charitable organization claiming to be exempt under subsection 1 must submit to the office annually on forms prescribed
by that office and accompanied by the fee as set under section 5015-A, a sworn statement setting forth the name and address of the organization and its principal executive personnel, the purpose
of the organization and the factual basis for the exemption. The organization claiming exemption must include a copy of any
financial statement, report or return filed with the federal Internal Revenue Service. The office shall issue annually an exemption to those organizations considered exempt under subsection 1.
2007, c. 402, Pt. A, §5 (AMD)
1977, c. 488, §1 (NEW).
1977, c. 654, §§4-7 (AMD).
1977, c. 696, §363 (AMD).
1981, c. 456, §A30 (AMD).
1983, c. 277, §3 (AMD).
1989, c. 55, §3 (AMD).
1989, c. 700, §A35 (AMD).
1999, c. 386, §A15 (AMD).
2001, c. 323, §5 (AMD).
2007, c. 402, Pt. A, §5 (AMD).
2011, c. 286, Pt. B, §5 (REV).
Data for this page extracted on 10/16/2012 08:19:29.
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