As the end of the year approaches and your 501(c)(3) organization begins making fundraising plans for 2010, the Seton & Associates team would like to remind you of some requirements for solicitation in Los Angeles County. The Los Angeles Police Commission (“Commission”) requires filings both before and after a charity organizes a solicitation campaign. But what is a solicitation, and when is your organization required to file with the Commission?
First, it is important to understand when your organization falls within the purview of the Commission’s requirements. Basically, a solicitation is a specific event (e.g., mailing, seminars, fundraising gala) where your organization makes an unrequested attempt to collect something from the public, such as money. This includes oral or written requests, invitations to functions, brochures, and collection boxes. But remember, these above listed items are only subject to the Commission’s requirements when they are sent out without being requested. Solicitations do not include instances when someone requests information about your organization or comes to your organization’s place of business. Nor does it include communication with people you already know, communication to only your organization’s own members, email to recipients you don’t know are located in Los Angeles, or information contained on a website, TV or radio broadcast. Further, you can make a plain statement that your organization is “nonprofit,” “tax-exempt,” or “funded or supported by charitable contributions” without filing any forms.
Second, if your organization’s activity does fall within the definition of a “solicitation,” you will be subject to the Commission’s requirements. In such an instance, your organization must file a Notice of Intention form at least fifteen (15) business days prior to the solicitation. The Notice of Intention provides basic information regarding your solicitation event, and you will also need to attach your organization’s formation and tax-exemption documents to the Notice as listed on the form itself. After you submit the Notice, you will receive a Commission issued Identification Card if your organization’s event is approved. The Information Card provides information to potential donors so they can make an educated decision whether to support your organization. You must either display the Information Card or ensure all information from the Information Card is included as part of your solicitation. Finally, within thirty (30) days after your solicitation event, you must file a Report of Results of Activity including your receipts, expenditures, and distribution of net proceeds.
Please note that the filing information on the Notice of Intention and Report of Results of Activity is INCORRECT. The Commission recently moved locations and has not yet updated its forms or its website. Please ensure you use the correct information, listed below, to make sure the Commission gets your Notice of Intention with time to spare:
Los Angeles Police Commission
Commission Investigation Division
100 West 1st Street, Suite 147
Los Angeles, CA 90012
Tel: (213) 996-1260
Fax: (213) 996-1279
Please contact us if you would like assistance complying with the Commission, or any other matter. We wish you luck as you embark on a new year of fundraising!
Please note that nothing contained herein is meant to be, nor should it be, construed as legal advice. Should you or your organization have a question regarding this, or any other legal issue, please contact your legal advisor.
By Jessica Shofler
Staff Associate
Seton & Associates
