Chapter 128 — Chapter 128
243 sections in this chapter.
ORS 128.814 Presumption of breach of fiduciary duty by officer or director of nonprofit beneficiary. (1) There shall be a rebuttable presumption of a breach of fiduciary duty if an officer or director of a nonprofit beneficiary enters into an agreement with a professional fund raising firm
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(a) For a duration to exceed two years unless the nonprofit beneficiary has obtained written proposals from at least two other professional fund raising firms; or (b) Where one of the stated or implied purposes of the solicitation campaign is to acquire an identified list of dono…
ORS 128.815 [1971 c.589 §14a; 1981 c.593 §13; repealed by 1985 c.729 §1; 1985 c.730 §15]
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[Repealed or reserved.]
ORS 128.816 [1985 c.729 §6; repealed by 1991 c.532 §26]
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[Repealed or reserved.]
ORS 128.820 [1959 c.599 §§2,3,4,5; 1967 c.359 §125; renumbered 731.704]
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[Repealed or reserved.]
ORS 128.821 Registration of commercial fund raising firms required; fee; renewal; notice of change in information. (1) No person shall engage in solicitations for contributions for or on behalf of a commercial fund raising firm unless the commercial fund raising firm is registered with the Attorney General
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(2) Applications for registration or reregistration shall be in writing, under oath, on a form prescribed by the Attorney General and shall be accompanied by a fee in the amount of $250. (3) The application shall contain such information as the Attorney General shall require and …
ORS 128.823 Designation of amount to be paid to beneficiaries; manner of specification; minimum amount payable. (1) No person shall engage in commercial fund raising solicitations unless there is a designated amount to be paid to nonprofit beneficiaries. Where the nonprofit beneficiary is identified in the solicitation campaign, the amount shall be specified in a contract or letter of agreement with such a beneficiary. The amount shall be specified in terms of
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(a) An amount per unit of the goods or services to be purchased; (b) A specified percentage of the gross funds solicited; or (c) A good faith estimate of the gross funds solicited. (2) Nonprofit beneficiaries shall receive no less than 90 percent of the designated estimate under …
ORS 128.824 Disclosures required in commercial fund raising solicitations. (1) All commercial fund raising solicitations shall include a clear and conspicuous disclosure of the identity of the commercial fund raising firm or commercial coventurer
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(a) In the case of a vending machine, it shall be disclosed on the device that the machine is owned and operated by the commercial fund raising firm or commercial coventurer. (b) In the case of an in-person solicitation, including a face-to-face or telephone solicitation, it shal…
ORS 128.825 [1971 c.589 §15; repealed by 1985 c.729 §1; 1985 c.730 §15]
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[Repealed or reserved.]
ORS 128.826 Commercial fund raising contracts and notice; filing. (1) At least 10 days prior to the commencement of each commercial fund raising solicitation campaign, a commercial fund raising firm shall file with the Attorney General a completed fund raising notice on forms prescribed by the Attorney General. A copy of the contract or letter of agreement with any beneficiary and a copy of the disclosure material required by ORS 128.824 shall be attached to the notice
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(2) The fund raising notice shall be in writing, under oath, and shall include a description of the fund raising event or campaign, the projected starting and ending dates of the campaign, the bank account number and location where the solicited funds will be deposited, including…
ORS 128.830 [1959 c.599 §7; 1967 c.359 §126; renumbered 731.708]
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[Repealed or reserved.]
ORS 128.831 [1985 c.729 §9; repealed by 1991 c.532 §26]
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[Repealed or reserved.]
ORS 128.835 [1971 c.589 §16; 1981 c.593 §14; repealed by 1985 c.729 §1; 1985 c.730 §15]
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[Repealed or reserved.]
ORS 128.836 [1985 c.729 §10; repealed by 1991 c.532 §26]
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[Repealed or reserved.]
ORS 128.840 [1959 c.599 §6; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 128.841 Commercial fund raising firm financial reports; contents; filing. Within 90 days after a commercial fund raising solicitation campaign has been completed, the commercial fund raising firm shall file with the Attorney General a financial report for the campaign, including gross receipts and all expenditures incurred in the solicitation campaign. The report shall be completed on a form prescribed by the Attorney General. The report shall be signed by an official of the commercial fund raising firm and an official from each beneficiary and they shall certify, under oath, that it is true to the best of their knowledge. A similar interim financial report shall be filed one year after the start of the solicitation campaign in the case of a solicitation campaign still in progress on that date. [1985 c.729 §11; 1991 c.532 §7]
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[Repealed or reserved.]
ORS 128.845 [1971 c.589 §17; 1981 c.593 §15; repealed by 1985 c.729 §1; 1985 c.730 §15]
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[Repealed or reserved.]
ORS 128.846 Maintenance of records by commercial fund raising firm. (1) A commercial fund raising firm shall maintain for a period of not less than three years from the completion of each fund raising campaign, the following records
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(a) The name and address of each contributor and the date and amount of the contribution, if the preceding is known to the commercial fund raising firm. (b) The name and address of each paid solicitor and the dates and amount of compensation paid to each such solicitor. (c) Recor…
ORS 128.848 Accountings required of commercial coventurer. A commercial coventurer shall keep a final accounting for each commercial fund raising solicitation that it conducts for a period of three years following the completion of the campaign. A commercial coventurer shall provide such an accounting for each commercial fund raising solicitation it conducts not later than 20 days after it is requested by the Attorney General or any nonprofit beneficiary. [1991 c.532 §16]
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[Repealed or reserved.]
ORS 128.850 [1959 c.599 §8; 1967 c.359 §128; renumbered 731.716]
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[Repealed or reserved.]
ORS 128.851 [1985 c.729 §13; repealed by 1991 c.532 §26]
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[Repealed or reserved.]
ORS 128.855 [1975 c.388 §3; 1977 c.467 §1; repealed by 1985 c.729 §1; 1985 c.730 §15]
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[Repealed or reserved.]
ORS 128.856 Written consent by beneficiary to use of name. No person, other than volunteers or employees under the direction and control of a nonprofit beneficiary, shall represent that any part of the contributions received will be given or donated to any named nonprofit beneficiary unless such organization has consented in writing to the use of its name, prior to the solicitation. The written consent shall be signed by an officer, director or trustee of the organization. [1985 c.729 §14; 1991 c.532 §9]
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[Repealed or reserved.]
ORS 128.860 [1959 c.599 §11; 1967 c.359 §129; renumbered 731.720]
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[Repealed or reserved.]
ORS 128.861 Written consent required for representations about use of tickets. A commercial fund raising firm shall not represent, in the course of its solicitation activities, that tickets to events will be donated for use by another unless it has complied with the following requirements
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(1) The commercial fund raising firm shall obtain commitments, in writing, from beneficiaries stating that they will accept donated tickets and specifying the number of tickets they are willing to accept; (2) The commercial fund raising firm shall solicit and accept no more contr…
ORS 128.865 [1975 c.388 §4; 1981 c.897 §37; repealed by 1985 c.729 §1; 1985 c.730 §15]
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[Repealed or reserved.]
ORS 128.866 Injunction by Attorney General. The Attorney General may obtain an injunction against solicitation of contributions until
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(1) The charitable organization, beneficiary, professional fund raising firm or commercial fund raising firm has complied with all registration and reporting requirements of the Charitable Solicitations Act and ORS 128.610 to 128.769; or (2) Breaches of fiduciary duties have been…
ORS 128.870 [1959 c.599 §12; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 128.871 Denial or revocation of registration. Subject to ORS chapter 183, the Attorney General may deny registration or revoke any registration issued pursuant to ORS 128.802 or 128.821 for a period not to exceed five years, if the Attorney General finds
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(1) A material misrepresentation or false statement to be in the application for registration or any other statement filed with the Attorney General as provided in ORS 128.801 to 128.898 and 128.995. (2) Any material violation of ORS 128.801 to 128.898 or the rules adopted by the…
ORS 128.876 Rules. The Attorney General shall make rules as to the filing and execution of reports and registration statements required by ORS 128.610 to 128.650, 128.680, 128.710, 128.801 to 128.898, 128.995 and 646.608 and to the contents thereof. The Attorney General may make additional rules and amend existing rules as necessary for the proper administration of the Charitable Solicitations Act. [1985 c.729 §18; 2003 c.14 §46]
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[Repealed or reserved.]
ORS 128.880 [1959 c.599 §9; 1967 c.359 §130; renumbered 731.724]
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[Repealed or reserved.]
ORS 128.881 Deposit of fees and penalties; use. All fees and penalties received by the Department of Justice under ORS 128.802 and 128.821 shall be paid over to the State Treasurer monthly for deposit in the Department of Justice Operating Account created under the provisions of ORS 180.180. Amounts deposited pursuant to this section are continuously appropriated to the Attorney General to pay the expenses of the Department of Justice in administering the Charitable Trust and Corporation Act as established in ORS 128.610 and the Charitable Solicitations Act. [1985 c.729 §20; 1991 c.532 §13]
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[Repealed or reserved.]
ORS 128.886 False or misleading representations prohibited. (1) No person shall make any false or misleading representations in the course of any solicitation of contributions
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(2) A representation may be any manifestation of any assertion by words or conduct, including, but not limited to, a failure to disclose a fact. (3) No person shall have a cause of action under ORS 646.638 for an alleged violation of any provision of this section if the alleged f…
ORS 128.890 [1959 c.599 §10; repealed by 1967 c.359 §704]
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[Repealed or reserved.]
ORS 128.891 Prohibited representations; written notice. (1) No solicitation for contributions shall in any way use the fact or requirement of registration, or any filing of any report pursuant to the Charitable Solicitations Act or ORS 128.610 to 128.769, with the intent to cause or in a manner tending to cause any person to believe that such solicitation, the manner in which it is conducted, its purposes, any use to which the proceeds will be applied, or the person or organization conducting it have been or will be in any way indorsed, sanctioned or approved by the Attorney General or any other governmental agency or office
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(2) Any written or oral statement made in connection with a solicitation of contributions that the person or organization conducting the solicitation is registered or has filed, will file or is required to file any report with the Attorney General, or any statement of similar imp…
ORS 128.893 Use of in-state address. (1) A person may not use an address in this state, including a return address, in a solicitation, or in written material issued in connection with a solicitation, made on behalf of a nonprofit organization unless
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(a) The nonprofit organization actually maintains and staffs an office in this state; or (b) The solicitation, or written material issued in connection with a solicitation, discloses: (A) The address of the actual headquarters of the nonprofit organization; and (B) That the addre…
ORS 128.896 [1985 c.730 §13; 1991 c.734 §8; renumbered 128.899 in 1991]
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[Repealed or reserved.]
ORS 128.898 Short title. ORS 128.801 to 128.898 and 128.995 may be cited as the Charitable Solicitations Act. [1985 c.729 §2]
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[Repealed or reserved.]
ORS 128.899 [Formerly 128.896; repealed by 2014 c.8 §8]
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[Repealed or reserved.]
ORS 128.990 [1959 c.639 §3; subsections (2), (3), (4) enacted as 1971 c.589 §18; 1975 c.388 §7; 1981 c.593 §16; 1985 c.729 §21; 1987 c.813 §13; renumbered 97.992 in 2001]
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[Repealed or reserved.]
ORS 128.991 [1987 c.813 §9; 1993 c.467 §4; 1995 c.325 §3; 2001 c.796 §19; renumbered 97.994 in 2001]
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CRIMINAL PENALTIES
ORS 128.992 Penalties for ORS 128.610 to 128.769. Filing or assisting in preparing or filing a statement or report required by the Charitable Trust and Corporation Act, ORS 128.610 to 128.769, that is false or fraudulent is a Class A misdemeanor. [1985 c.730 §3]
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[Repealed or reserved.]
ORS 128.993 Penalty for signing false document. (1) A person commits the crime of signing a false document for filing if the person
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(a) Knows the document is false in any material respect; and (b) Signs the document with an intent that the document be delivered to the office of the Secretary of State for filing under ORS 128.560 to 128.600. (2) Signing a false document for filing is a Class A misdemeanor. [20…
ORS 128.995 Penalties for ORS 128.801 to 128.898. Violation of ORS 128.802, 128.821 or filing or assisting in preparing or filing a statement or report required by ORS 128.801 to 128.898 that is false or fraudulent is a Class A misdemeanor. [1985 c.729 §24; 1991 c.532 §23]
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