1. (1) “Professional fund raising firm” means any sole proprietorship, partnership, corporation or any other legal entity, organized for profit or as a nonprofit mutual benefit corporation, who, for compensation or other consideration, manages or conducts the solicitation of funds, not including commercial fund raising solicitations, on behalf of any nonprofit organization.

2. (2) Professional fund raising firm status is evidenced by one or more of the following characteristics:

   1. (a) Access to contributions or other receipts from a solicitation and/or authority to pay expenses associated with the solicitation, including amounts owed to the professional fund raising firm or third party vendors;
   2. (b) Conducting direct solicitations of prospective donors, whether in person or by telephone and whether such solicitations are performed personally or through employees or agents;
   3. (c) Advising nonprofit organizations with regard to the volume, targeting, duration or content of a direct mail solicitation campaign and also having primary responsibility for the campaign’s production.

Statutory/Other Authority

ORS 128.876

Statutes/Other Implemented

ORS 128.801(5)

History

JD 5-1991, f. & cert. ef. 10-22-91