Title 19 — Title 19 BUSINESS REGULATIONS—MISCELLANEOUS
111 chapters · 1,481 sections in this title.
RCW 19.09.010 Purpose.
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The purpose of this chapter is to:(1) Provide citizens of the state of Washington with information relating to any entity that solicits funds from the public for public charitable purposes in order to prevent (a) deceptive and dishonest practices in the conduct of soliciting fund…
RCW 19.09.020 Definitions.
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When used in this chapter, unless the context otherwise requires:(1) A "bona fide officer or employee" of a charitable organization is one (a) whose conduct is subject to direct control by such organization; (b) who does not act in the manner of an independent contractor in his o…
RCW 19.09.062 Fees—Charitable organizations—Commercial fund-raisers.
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The secretary of state must collect the following fees in accordance with this chapter:(1) For an application for registration as a charitable organization, a fee of sixty dollars. Twenty dollars of this fee must be deposited in the state general fund and the remaining forty doll…
RCW 19.09.065 Charitable organizations and commercial fund-raisers—Registration required—Public record—Registration not endorsement.
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(1) All charitable organizations and commercial fund-raisers must register with the secretary prior to conducting any solicitations.(2) Failure to register as required by this chapter is a violation of this chapter.(3) Information provided to the secretary pursuant to this chapte…
RCW 19.09.068 Application for registration—When registered—Incomplete application—Failure to pay filing fee.
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(1) Entities are deemed registered under RCW 19.09.075 or 19.09.079 twenty days after receipt of the registration or renewal form by the secretary and may thereafter solicit contributions from the general public.(2) If the secretary determines that the application for initial reg…
RCW 19.09.071 Application for registration—Solicitation report—Violation.
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Charitable organizations must ensure that the financial information included in the solicitation report fairly represents, in all material respects, the financial condition and results of operations of the organization as of, and for, the period presented to the secretary for fil…
RCW 19.09.075 Charitable organizations—Application for registration or renewal—Contents—Fee.
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(1) An application for initial registration and renewal as a charitable organization must be submitted on the form approved by the secretary and must contain:(a) The name, address, and telephone number of the charitable organization;(b) The name(s) under which the charitable orga…
RCW 19.09.079 Commercial fund-raisers—Application for registration or renewal—Contents—Fee.
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An application for registration and renewal as a commercial fund-raiser must be submitted on the form approved by the secretary and must contain:(1) The name, address, and telephone number of the commercial fund-raising entity;(2) The name(s), address(es), and telephone number(s)…
RCW 19.09.081 Application requirements—Exemptions.
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The application requirements of RCW 19.09.075 do not apply to:(1) Any charitable organization raising less than fifty thousand dollars in any accounting year when all the activities of the organization, including all fund-raising activities, are carried on by persons who are unpa…
RCW 19.09.085 Registration—Duration—Notice to renew—When registered—Incomplete application—Failure to pay filing fee.
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(1) Registration under this chapter is effective for one year or as established by the secretary.(2) Renewals required under RCW 19.09.075 or 19.09.079 must be submitted to the secretary no later than the date established by the secretary by rule.(3) The secretary must notify ent…
RCW 19.09.097 Contract with commercial fund-raiser—Limitations—Registration form—Contents—Copy—Fee.
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(1) No charitable organization may contract with a commercial fund-raiser for any fund-raising service or activity unless its contract requires that both parties comply with the law and permits officers of the charity reasonable access to:(a) The fund-raisers' financial records r…
RCW 19.09.100 Conditions applicable to solicitations.
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All entities soliciting contributions for charitable purposes must comply with the requirements of this section except entities exempted from registration are not required to make the disclosures under subsections (1)(c), (4)(b) or (c), and (5)(b) of this section. The following c…
RCW 19.09.191 Commercial fund-raisers—Surety bond.
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(1) Every commercial fund-raiser must execute a surety bond if it:(a) Directly or indirectly receives contributions from the public on behalf of any charitable organization;(b) Is compensated based upon funds raised or to be raised, number of solicitations made or to be made, or …
RCW 19.09.200 Books, records, and contracts.
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(1) All entities required to register pursuant to this chapter must maintain accurate, current, and readily available books and records at their usual business locations until at least three years have elapsed following the effective period to which they relate. The books and rec…
RCW 19.09.210 Records requests.
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Upon the request of the secretary of state, attorney general, or the county prosecutor, any entity subject to this chapter must submit a financial statement and all requested records containing, but not limited to, the following information:(1) The gross amount of the contributio…
RCW 19.09.230 Use of the name, symbol, statement, or emblem of another entity—Filing.
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No entity subject to this chapter may:(1) Use an identical or deceptively similar name, symbol, statement, or emblem so closely related or similar that its use would confuse or mislead the public, of any other entity for the purpose of soliciting contributions from persons in thi…
RCW 19.09.271 Failure to register—Late filing fee—Notice to attorney general.
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(1) If the secretary or attorney general determines that any entity is soliciting in this state, directly or indirectly, by any means, and has not registered with the secretary as required by this chapter, the secretary may notify the charitable organization or commercial fund-ra…
RCW 19.09.275 Violations—Penalties.
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(1) Any entity who knowingly violates any provision of this chapter or who knowingly gives false or incorrect information to the secretary, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or not such statement or report is v…
RCW 19.09.276 Waiver of rule-set penalties—Notice by organization seeking relief—Investigation.
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The secretary may waive penalties that have been set by rule and assessed by the secretary due from a registered entity previously in good standing that would otherwise be penalized. An entity desiring to seek relief under this section must, within fifteen days of discovery of th…
RCW 19.09.277 Violations—Attorney general—Cease and desist order—Temporary order.
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If it appears to the attorney general that an entity has engaged or is about to engage in an act or practice constituting a violation of a provision of this chapter or a rule adopted or order issued under this chapter, the attorney general may, in the attorney general's discretio…
RCW 19.09.279 Violations—Secretary of state—Penalty—Hearing—Recovery in superior court.
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(1) The secretary may assess against any entity that violates this chapter, or any rule adopted under this chapter, a civil penalty of not more than one thousand dollars for each violation.(2) The entity must be afforded the opportunity for a hearing, upon request made to the sec…
RCW 19.09.305 Service on secretary when registrant not found—Procedure—Fee—Costs.
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When an entity registered under this chapter, or its president, treasurer, or comparable officers, cannot be found after reasonably diligent effort, the secretary of state must be an agent of such entity upon whom process may be served. Service on the secretary must be made by de…
RCW 19.09.315 Forms and procedures—Filing of financial statement—Publications—Fee.
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(1) The secretary may establish, by rule, standard forms and procedures for the efficient administration of this chapter.(2) The secretary may provide by rule for the filing of a financial statement by registered entities.(3) The secretary may issue such publications, reports, or…
RCW 19.09.340 Violations deemed unfair practice under chapter 19.86 RCW—Application of chapter 9.04 RCW—Procedure.
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(1) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and pres…
RCW 19.09.355 Moneys to be transmitted to general fund.
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Except as otherwise provided in this chapter, all fees and other moneys received by the secretary of state under this chapter must be transmitted to the state treasurer for deposit in the state general fund.[ 2011 c 199 s 26; 2010 1st sp.s. c 29 s 15; 1983 c 265 s 18.]Notes:Inten…
RCW 19.09.400 Attorney general—Investigations—Publication of information.
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The attorney general, in the attorney general's discretion, may:(1) Annually, or more frequently, make such public or private investigations within or without this state as the attorney general deems necessary to determine whether any registration should be granted, denied, revok…
RCW 19.09.410 Attorney general—Investigations—Powers—Superior court may compel.
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For the purpose of any investigation or proceeding under this chapter, the attorney general or any officer designated by the attorney general may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books…
RCW 19.09.420 Copies of information for attorney general.
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The secretary shall provide the attorney general with copies of or direct electronic access to all registrations, reports, or other information filed under this chapter.[ 1993 c 471 s 23.]
RCW 19.09.430 Administrative procedure act to govern administration.
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The administrative procedure act, chapter 34.05 RCW, wherever applicable governs the rights, remedies, and procedures respecting the administration of this chapter.[ 2011 c 199 s 28; 1993 c 471 s 22.]
RCW 19.09.440 Annual report by secretary of state.
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(1) Annually, the secretary of state shall publish a report indicating:(a) For each charitable organization registered under RCW 19.09.075 the percentage relationship between (i) the total amount of money applied to charitable purposes; and (ii) the dollar value of total expendit…
RCW 19.09.510 Charitable organization education program.
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The secretary may, in conjunction with the attorney general, develop and operate an education program for charitable organizations, their board members, and the general public. To the extent practicable, the secretary shall consult with the nonprofit and charitable sector and the…
RCW 19.09.530 Charitable organization education account.
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The charitable organization education account is created in the state treasury. All receipts from the portion of fees designated in RCW 19.09.062 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be …
RCW 19.09.541 Tiered financial reporting requirements.
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The secretary is authorized to adopt rules, in accordance with chapter 34.05 RCW, that establish a set of tiered financial reporting requirements for charitable organizations required to register with the secretary pursuant to this chapter. Rules adopted under this section must i…
RCW 19.09.550 Charitable advisory council.
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(1) The secretary is authorized to create a charitable advisory council to consist of at least eleven, but not more than twenty-one, members. Members of a charitable advisory council shall:(a) Be appointed by the secretary, with all members serving at the pleasure of the secretar…
RCW 19.09.560 Reciprocal agreements with other states.
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(1) The secretary may enter into reciprocal agreements with the appropriate authority of any other state for the purpose of exchanging information with respect to charitable organizations and commercial fund-raisers.(2) Pursuant to such agreements the secretary may:(a) Accept inf…
RCW 19.09.912 Effective date—1983 c 265.
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With the exception of section 19 of this act, this act shall take effect January 1, 1984.[ 1983 c 265 s 21.]Notes:Reviser's note: "Section 19 of this act" is an uncodified appropriation section.
RCW 19.09.913 Effective date—1986 c 230.
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This act shall take effect on January 1, 1987.[ 1986 c 230 s 21.]
RCW 19.09.915 Effective date—1993 c 471.
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This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.[ 1993 c 471 s 44.]
RCW 19.09.916 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
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For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to …