ARTICLE 7. Supervision of Trustees and Fundraisers for Charitable Purposes Act

Heading of Article 7 amended by Stats. 2020, Ch. 370, Sec. 136.

§§ 12580–12599.10 · 36 sections

§ 12580 This article may be cited as the Supervision of Trustees and Fundraisers for Charitable Purposes Act.
§ 12581 This article applies to all charitable corporations, unincorporated associations, trustees, and other legal entities holding property for charitable purposes,…
§ 12581.2 As used in this article, “solicitation” or “soliciting” for charitable purposes means any request, plea, entreaty, demand, or invitation, or attempt thereof,…
§ 12582 “Trustee” means (a) any individual, group of individuals, corporation, unincorporated association, or other legal entity holding property in trust pursuant to…
§ 12582.1 “Charitable corporation” means any nonprofit corporation organized under the laws of this State for charitable or eleemosynary purposes and any similar foreign…
§ 12583 The filing, registration, and reporting provisions of this article do not apply to the United States, any state, territory, or possession of the United States,…
§ 12584 The Attorney General shall establish and maintain a register of charitable corporations, unincorporated associations, and trustees subject to this article and…
§ 12585 (a) Every charitable corporation, unincorporated association, and trustee subject to this article shall file with the Attorney General an initial registration…
§ 12586 (a) Except as otherwise provided and except corporate trustees which are subject to the jurisdiction of the Commissioner of Financial Institutions of the State…
§ 12586.1 In addition to a registration fee, a charitable corporation or trustee, commercial fundraiser, fundraising counsel, coventurer, charitable fundraising…
§ 12586.2 All fines, penalties, attorney’s fees, if any, as authorized by law, and costs of investigation paid to the Attorney General pursuant to Section 12598 shall be…
§ 12587 The Attorney General may make additional rules and regulations necessary for the administration of this article, provided that any assessment of an annual…
§ 12587.1 (a) The Registry of Charities and Fundraisers Fund is hereby established in the State Treasury, to be administered by the Department of Justice. (b)…
§ 12588 The Attorney General may investigate transactions and relationships of corporations and trustees subject to this article for the purpose of ascertaining…
§ 12589 When the Attorney General requires the attendance of any person, as provided in Section 12588, the Attorney General shall issue an order setting forth the time…
§ 12590 Subject to reasonable rules and regulations adopted by the Attorney General, the register, copies of instruments, and the reports filed with the Attorney…
§ 12591 The Attorney General may institute appropriate proceedings to secure compliance with this article and to invoke the jurisdiction of the court. The powers and…
§ 12591.1 (a) Any person who violates any provision of this article with intent to deceive or defraud any charity or individual is liable for a civil penalty not…
§ 12591.2 In any case in which the Attorney General has authority to institute an action or proceeding under this article, the Attorney General may accept an assurance…
§ 12592 This article shall apply regardless of any contrary provisions of any instrument.
§ 12593 Every person who offers for probate any instrument which establishes a testamentary trust of property for charitable purposes or who records in any county or…
§ 12594 Every officer, agency, board, or commission of this State receiving applications for exemption from taxation of any corporation, charitable trust or similar…
§ 12595 This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
§ 12596 (a) A civil action brought by the Attorney General against trustees or other persons holding property in trust for charitable purposes or against any…
§ 12597 In any proceeding brought by the Attorney General to secure compliance with the provisions of Sections 12584 to 12587, inclusive, or any regulation issued…
§ 12598 (a) The primary responsibility for supervising charitable trusts in California, for ensuring compliance with trusts and articles of incorporation, and for…
§ 12599 (a) “Commercial fundraiser for charitable purposes” means any individual, corporation, unincorporated association, or other legal entity who for compensation…
§ 12599.1 (a) “Fundraising counsel for charitable purposes” is defined as any individual, corporation, unincorporated association, or other legal entity who is described…
§ 12599.2 (a) “Commercial coventurer” is defined as any person or entity who, for profit, is regularly and primarily engaged in trade or commerce other than in…
§ 12599.3 (a) A contract between a charitable organization and a commercial fundraiser for charitable purposes or fundraising counsel for charitable purposes shall be…
§ 12599.5 Each application for registration or renewal of registration under subdivision (b) of Section 12599 shall be accompanied by a cash deposit or by a bond issued…
§ 12599.6 (a) Charitable organizations and commercial fundraisers for charitable purposes shall not misrepresent the purpose of the charitable organization or the nature…
§ 12599.7 (a) A commercial fundraiser for charitable purposes shall maintain during each solicitation campaign and for not less than 10 years following the completion of…
§ 12599.8 For any year that the balance sheet of a charitable organization shows that it holds restricted net assets, while reporting negative unrestricted net assets,…
§ 12599.9 (a) For purposes of this section: (1) “Charitable fundraising platform” means any person, corporation, unincorporated association, or other legal entity that…
§ 12599.10 (a) The Attorney General shall establish rules and regulations necessary for the administration of Section 12599.9, which shall include, but are not limited…