Code
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Fund-raising counsel means
a person who, for compensation, plans, manages, advises, consults
or prepares material for, or with respect to, solicitation in this
state for a charitable organization, but who does not solicit and
who does not employ, engage or provide any person who is paid to
solicit contributions.
A fund-raising counsel
does not include an attorney, investment counselor or employee of
a financial institution who advises a person to make a contribution
or a bona fide employee, volunteer or salaried officer of a charitable
organization.
A fund-raising counsel
must be registered if at any time it has custody of contributions
from a solicitation for a charitable organization that is required
to be registered in Wisconsin. A fund raising counsel who
at no time has physical custody of contributions is exempt from
registration. A fund raising counsel who does not
intent to earn more than $1,000 per year need not register.
If the counsel actually raises in excess of $1,000 in a year, they
must register within 30 days.
Before a fund-raising
counsel performs any material services for a charitable organization
that is required to be registered under s. 440.42(1), Wis. Stats.,
the charitable organization and the fund-raising counsel shall contract
in writing and the fun-raising counsel shall file the contract with
the department. The contract shall contain information that will
enable the department to identify the services that the fund-raising
counsel is to provide, including whether the fund-raising counsel
will at any time have custody of contributions.
