Utah Department of Commerce - Division of Consumer Protection


Please Note

We are a service company that can help you file with the Utah Department of Commerce - Division of Consumer Protection. We are not associated with this nor any other government agency. We offer paid services and software to help you file. You are not required to purchase our service to file - you may file directly with this agency without using our service.


Contact Information

Physical address:
160 East 300 South
Salt Lake City, UT 84114

Mailing address:
PO Box 146704
Salt Lake City, UT 84114-6704

Phone: 801-530-6601 or 1-800-721-SAFE
Fax: (801) 530-6001

Web: Home Name search
Email: consumerprotection@utah.gov

Licenses

We track the following licenses with the Utah Department of Commerce - Division of Consumer Protection in order to provide compliance services to our clients. As a client, you see this and other Compliance Core™ data in License Manager in-line with your licenses.

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Utah Charitable Registration License

Not required



Charitable Registration licensure is not required on the State level in Utah.

The Division of Consumer Protection no longer issues charitable registrations. New filing requirements for charitable organizations will be administered by the Division of Corporations and Commercial Code.

More information: Utah Department of Commerce - Division of Consumer Protection
Law:

Utah Code Annotated § 13-22-1 - § 13-22-23; Utah Administrative Code, Rule R152-22-1 through R152-22-9

"Professional fund raising counsel or consultant" means a person who:(i)
for compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person;
(ii)
does not solicit contributions;
(iii)
does not at any time have custody of a contribution from solicitation; and
(iv)
does not employ, procure, or engage any compensated person to solicit or receive contributions.
(b)
"Professional fund raising counsel or consultant" does not include:(i)
an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-time employee of a charitable organization;
(ii)
an attorney, investment counselor, or banker who, in the conduct of that person's profession, advises a client regarding legal, investment, or financial advice; or
(iii)
a person who tangentially prepares materials, including a person who:(A)
makes copies;
(B)
cuts or folds flyers; or
(C)
creates a graphic design or other artwork without providing strategic or campaign-related input.

Utah Fundraising Counsel Registration

Agency:Utah Department of Commerce - Division of Consumer Protection
Registered Agent (Special Agency) Required?Yes

Initial Registration

Filing Method:

Online

Agency Fee:

$500

Registration Renewal

Filing Method:

Online

Agency Fee:

$500

Due:

Annually by the registration anniversary date.

Contract Filing

Agency Fee:

$0

Due:

Prior to commencement of each solicitation campaign each professional fund raiser, fund raising counsel or consultant or charitable organization shall notify the Division in writing at least 10 days in advance of its intent to commence a campaign.

Amendment

Agency Fee:

$0

Due:

If any information contained in the application for a permit becomes incorrect or incomplete, the applicant or registrant shall, within 30 days after the information becomes incorrect or incomplete, correct the application or file the complete information required by the division.

A professional fund raiser is defined by the Charitable Solicitations Act to mean a person who:

  • for compensation or any other consideration, for or on behalf of a charitable organization or any other person:
    • solicits contributions; or
    • promotes or sponsors the solicitation of contributions;
  • For compensation or any other consideration, plans, manages, counsels, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization or any other person; and
    • at any time has custody of a contribution for the charitable organization;
  • engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization;
  • manages, supervises, or trains any solicitor whether as an employee or otherwise; or
  • uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes.

"Professional fund raiser" does not include:

  • an individual acting in the individual's capacity as a bona fide officer, director, volunteer, or full-time employee of a charitable organization;
  • an attorney, investment counselor, or banker who, in the conduct of that person's profession, advises a client regarding legal, investment, or financial advice; or
  • a person who tangentially prepares materials, including a person who:
  • makes copies;
  • cuts or folds flyers; or
  • creates a graphic design or other artwork without providing strategic or campaign-related input.

Utah Professional Fundraiser Registration

Agency:Utah Department of Commerce - Division of Consumer Protection

Initial Registration

Filing Method:

Online

Agency Fee:

$500

Original Ink:Not required
Notarization Required?:Not required
Notes:

All contract agreements with each charitable organization using the applicant’s services, and a copy of all agreements to which the applicant is, or proposes to be, a party regarding the use of proceeds must be included with the application.

Before you Apply:
  • The name and address of any organization or person controlled by, controlling, or affiliated with the applicant
  • List the applicant’s business, occupation, or employment for the three (3) year period immediately preceding the date of this application.
  • List the name, address, and telephone number of each of the applicant’s or registrant’s board of directors and officers
  • List the  registered agent for service of process within the State of Utah
  • State the purpose of the solicitation and use of the contributions to be solicited.
  • List the method by which the solicitation will be conducted and the projected length of time it is to be conducted.
  • Provide the anticipated expenses of the solicitation, including all commissions, costs of
    collection, salaries, and any other items.
  • A statement of what percentage of the contributions collected as a result of the solicitation are projected to remain available to the charitable organization declared in the application, including a satisfactory statement of the factual basis for the projected percentage and projected anticipated revenues provided to the charitable organization, and if a flat fee is charged, documentation to support the reasonableness of the flat fee.
  • A statement of total contributions collected or received by the professional fund raiser within the calendar year immediately preceding the date of the application, including a description of the expenditures made from or the use made of the contributions.
Required Attachments:
  • Attach a copy of the applicant’s articles of incorporation or other organizational documentation showing current legal status.
  • Attach a copy of the applicant’s current by-laws or other policies and procedures governing day-to-day operations
  • A copy of any written agreements with any charitable organization and a copy of all agreements to which the applicant is, or proposes to be, a party regarding the use of proceeds be included with the application
    • Applicants that provide services only through online or web-based software may submit a copy of the terms and conditions that all users must agree to along with evidence demonstrating that a user accepted the terms and conditions.
  • If applicable, please provide a copy of the injunction or administrative order
  •  If applicable, please attach a statement explaining the solicitations conducted without a permit.

Registration Renewal

Filing Method:

Online

Agency Fee:

$500

Due:

Annually by the registration anniversary date.

Original Ink:Not required
Notarization Required?:Not required
Notes:

All contract agreements with each charitable organization using the applicant’s services, and a copy of all agreements to which the applicant is, or proposes to be, a party regarding the use of proceeds must be included with the application.

Contract Filing

Agency Fee:

$0

Due:
  • Prior to the commencement of each solicitation campaign each professional fundraiser, fundraising counsel or consultant or charitable organization shall notify the Division in writing at least 10 days in advance of its intent to commence a campaign.
  • Prior to the commencement of a fundraising campaign, a professional fundraiser shall submit to the division a report including:
    • projected expenses and revenue for the campaign
    • bank account information for the bank account where the professional fundraiser will hold contributions collected in connection with the fundraising campaign
    • the solicitation scripts that will be used for the fundraising campaign
    • an affirmation from the professional fundraiser that the charity has approved the solicitation materials to be used in the fundraising campaign
    • names and contact information for the individuals overseeing the fundraising campaign

Financial Reporting

Agency Fee:

$0

Due:

No later than 90 days after the day in which a fundraising campaign ends, a professional fundraiser shall submit a financial report to the division detailing: 

  • all contributions collected during the fundraising campaign
  • all contributions paid to the charitable organization as a result of the fundraising campaign
  • expenses paid by the charitable organization to the professional fundraiser for the fundraising campaign
Law:

UT Code § 13-22-24

Amendment

Agency Fee:

$0

Due:

If any information contained in the application for a permit becomes incorrect or incomplete, the applicant or registrant shall, within 30 days after the information becomes incorrect or incomplete, correct the application or file the complete information required by the division.

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