Colorado Charitable Solicitations Act (“the Act”) governs charitable
fundraising activities in Colorado and applies to four types of entities
involved with fund raising: charitable organizations, paid solicitors, professional fundraising consultants, and commercial coventurers.
Defined as any person who is or holds himself out to
be established for any benevolent, educational, philanthropic, humane,
scientific, patriotic, social welfare or advocacy, public health, environmental
conservation, civic, or other eleemosynary purpose, any person who operates for
the benefit of the objectives of law enforcement officers, firefighters, other persons
who protect the public safety, or veterans, or any person who in any manner
employs a charitable appeal or an appeal which suggests that there is a
charitable purpose as the basis for any solicitation .
A person who, for monetary compensation, performs any
service in which contributions will be solicited in Colorado by such
compensated person or by any compensated person he or she employs to solicit
for contributions.  A director, officer, or compensated
employee who is directly employed by a 501 (c) (3), (c) (4), (c) (8), (c) (10),
or (c) (19) charitable organization is not considered a paid solicitor,
nor is a bona fide volunteer  or grant writer (as
long they don’t earn commissions on the amount of funds raised). Fundraising activities by such persons
employed by or volunteering for the charity will be reflected in the charitable
organization’s overall financial statements (available online). Paid
solicitors, in addition to filing annual registration statements, must
file a solicitation notice before commencing a solicitation campaign, and must
file a financial report on the results of such a campaign within 90 days of its
conclusion. The Annual Report on Charitable Solicitations summarizes the results of
these solicitation campaigns.
Professional fundraising consultant
Any person, other than a bona
fide officer or regular employee of a charitable organization, who is retained
by a charitable organization for a fixed fee or rate under a written agreement
to plan, manage, advise, consult, or prepare material for a solicitation of
contributions for a charitable organization, but who does not solicit
contributions or employ, procure, or engage any compensated person to solicit
contributions.  Professional fundraising consultants
do not need to register unless they will have custody or control of
contributions from a solicitation, but they are still subject to other requirements in the Act
concerning contracts, banking, and record-keeping. They are also obligated to provide financial
reports of solicitation campaigns directly to the charitable organizations, but
since they are not required to file these financial reports with the Secretary
of State, their activities are not reflected in the annual report.
A person who, for
profit, is regularly and primarily engaged in trade or commerce other than in
connection with soliciting for charitable organizations or purposes and who
conducts a charitable sales promotion.
Commercial co-venturers are not required to register, but they are
required to make disclosures regarding the dollar amount or percent per unit of
goods or services purchased or used that will benefit the charitable
organization or purpose . They are also encouraged to follow the Better
Business Bureau’s best practices regarding charitable sales promotions (AKA
“cause marketing”) as stated in Standard 19 of the BBB Wise Giving Alliance Standards
for Charity Accountability.
 6-16-103(1), C.R.S.
 6-16-103(7), C.R.S.
 6-16-103(7)(c)-(d), C.R.S.
 6-16-103(9.3), C.R.S.
 6-16-110, C.R.S.