On 10/15/2012 04:44 PM, webmaster-Kracked_P_P wrote:
Does anyone know of any other countries, or local areas, that restrict
direct donations to an organization like TDF. As far as I can tell,
there is not issues in NYS-USA.
Most of the states of the United States, and provinces of Canada have
laws, statutes, ordinances, rules, regulations, and restrictions on who,
where, when, and how donations can be solicited, requested, or accepted.
As one individual in charge of county licensing of solicitations phrased
it: "The local ordinances have not yet caught up with the online world.
One still needs to physically apply in person, for a permit to solicit
donations within this county. It doesn't matter if the fund raiser, and
the organization reside, operate, and target their activities in another
country. If they are not wearing the photo-ID badge issued by the
county, they are in violation of county ordinances."
For non-profits, the "saving grace", is that most of these agencies are
too small to be able to devote much more of their resources, than send a
cursory email to organizations doing fund raising in cyberspace,
requesting the fund raising organization to comply with local ordinances.
A few years ago, I talked briefly a lawyer who suggested compliance (in
order of precedence) with:
* All rules, regulations, ordinances, statutes, and laws, in the state
of incorporation, regardless of the level of government they are at.
(IOW, comply with every county, township, city, etc government body that
had something about fund raising, regardless of how explicit or implicit
that "something" is. (One major obstacle, is that a physical address
within the geographical boundaries of the agency whose license/etc is
being applied for, is usually required.));
* Then comply with the requirements at a state level, for all fifty
states, and all provinces and territories of Canada;
* Then comply with county, township, etc levels, as donations from them
are received;
The caveat was that if an agency, or individual sued for violation, that
course of action would not be an adequate defence. At best, the attorney
that represented the organization, could argue for "reasonableness", in
requiring a foreign organization, whose efforts were focused
geographically elsewhere, to comply with local requirements, before any
donations, or contributions, of cash, in kind, or of service, were
received, and accepted by the organization.
I am not a lawyer. This is not legal advice.
jonathon
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