The Law of Fundraising. Bruce R. Hopkins

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Название The Law of Fundraising
Автор произведения Bruce R. Hopkins
Жанр Экономика
Серия
Издательство Экономика
Год выпуска 0
isbn 9781119873457



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      The statute may define the term membership to mean those persons to whom, for payment of dues, fees, assessments, and the like, an organization provides services and confers a bona fide right, privilege, professional standing, honor, or other direct benefit, in addition to the right to vote, elect officers, or hold offices.

      This type of statute is likely to add the point that the concept of membership does not extend to those persons who are granted a membership upon making a contribution as the result of a solicitation.

      There is considerable confusion about the meaning of the term professional fundraiser. The dilemma arises from the fact that the term, and its nemesis professional solicitor, was developed in an era when the roles of the parties were discrete and thus much easier to identify. Basically and historically, a professional fundraiser was a consultant—an individual or firm that did not directly participate in the solicitation process but rather who worked with the charity in designing the fundraising plan. In most cases, the charitable organization was the person that undertook the actual fundraising, using volunteers. By contrast, a professional solicitor was a person who was paid to solicit gifts in the name of the charity.

      During this era, the roles were separate and distinct. The fundraiser planned and did not solicit. The solicitor pursued gifts and was not involved in planning the campaign. In many instances today, that formal dichotomy is followed. Increasingly, however, the roles are being blurred, usually because the professional fundraiser is undertaking one or more roles in the area of solicitation.

      Some states use a definition of the term professional fundraiser in a different manner, with some, as discussed as follows, having a definition of the term that also encompasses most categories of professional solicitors. About a dozen of the states' laws lack any definition of this term.

      Part of the reason for the confusion in this area is the variation in terminology among the states. In about one-fifth of the states, the person usually generically referenced as a professional fundraiser is identified by means of that term. Other states, however, intending the same meaning, use the term professional fundraising counsel. Still other states prefer fundraising counsel. Other terms used in various state laws are fundraising consultant, professional fundraiser consultant, and professional fundraising consultant.

      The discussion about the traditional and contemporary roles of professional fundraisers and professional solicitors is to be recalled, in understanding the confusion between the two terms as seen from the perspective of the term professional solicitor.

      Most states define the term professional solicitor to encompass one of three types of persons or relationships. One is a person who, for a financial or other consideration, (1) solicits contributions for or on behalf of a charitable organization, where the solicitation is performed personally or through agents or employees; or (2) solicits through agents or employees specially employed by or for a charitable organization, who are under the direction of such a person. The other is a person who, for a financial or other consideration, plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable organization in connection with the solicitation of contributions but does not qualify as a professional fundraiser (or equivalent term).

      When this definition (or something comparable to it) is used, about one-half of the states employ the term professional solicitor. A few use the term paid solicitor. Other phrases used are professional commercial fundraiser, professional fundraising firm, paid fundraiser, and commercial fundraiser.

      This definitional approach is usually accompanied by exclusions for officers, employees, lawyers, investment counselors, and bankers. On rare occasions, there will be other exclusions, such as for persons whose sole responsibility is mailing fundraising literature.

      Some states define the term professional solicitor to mean any person who is employed or retained for compensation by a professional fundraiser to solicit contributions for charitable purposes. With this definition, the terms