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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78101</law_id><section_number>57-48</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>2.2-614.3</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="57">Religious and Charitable Matters; Cemeteries</unit><unit label="chapter" level="2" order_by="1" identifier="5">Solicitation of Contributions</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Board</span>&#x201D; means the <span class="dictionary">Board</span> of Agriculture and Consumer Services.
		&#x201C;<span class="dictionary">Charitable organization</span>&#x201D; means any <span class="dictionary">person</span> that is or holds itself out to be organized or operated for any <span class="dictionary">charitable purpose</span>, or any <span class="dictionary">person</span> that <span class="dictionary">solicits</span> or obtains <span class="dictionary">contributions</span> solicited from the public. &#x201C;<span class="dictionary">Charitable organization</span>&#x201D; does not include (i) any church or convention or association of churches, primarily operated for nonsecular purposes and no part of the net income of which inures to the direct benefit of any individual; (ii) any political <span class="dictionary">party</span> as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/24.2-101/">24.2-101</a> or any political campaign committee or political action committee or other political committee required by state or federal <span class="dictionary">law</span> to file a report or statement of <span class="dictionary">contributions</span> and expenditures; or (iii) any authorized individual who <span class="dictionary">solicits</span>, by authority of such organization, solely on behalf of a registered or exempt <span class="dictionary">charitable organization</span> or on behalf of an organization excluded from the definition of <span class="dictionary">charitable organization</span>.
		&#x201C;<span class="dictionary">Charitable purpose</span>&#x201D; means any charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary purpose and the purposes of influencing legislation or influencing the actions of any public official or instigating, prosecuting, or intervening in <span class="dictionary">litigation</span>.
		&#x201C;<span class="dictionary">Charitable sales promotion</span>&#x201D; means advertised sales that feature the names of both the <span class="dictionary">commercial co-venturer</span> and the charitable or <span class="dictionary">civic organization</span> and that state that the purchase or use of the goods, services, entertainment, or any other thing of value that the <span class="dictionary">commercial co-venturer</span> normally sells will benefit the charitable or <span class="dictionary">civic organization</span> or its purposes. To qualify as a <span class="dictionary">charitable sales promotion</span>, the consumer must pay the same price for the thing of value as the <span class="dictionary">commercial co-venturer</span> usually charges without the <span class="dictionary">charitable sales promotion</span> and the consumer retains the thing of value.
		&#x201C;<span class="dictionary">Civic organization</span>&#x201D; means any local service club, veterans post, fraternal society or association, volunteer fire or rescue group, or local civic league or association of 10 or more <span class="dictionary">persons</span> not organized for profit but operated exclusively for educational or <span class="dictionary">charitable purposes</span> as defined in this section, including the promotion of community welfare, and the net earnings of which are devoted exclusively to charitable, educational, recreational, or social welfare purposes.
		&#x201C;<span class="dictionary">Commercial co-venturer</span>&#x201D; means any <span class="dictionary">person</span> who (i) is organized for profit, (ii) is regularly and primarily engaged in trade or commerce, other than in connection with soliciting for charitable or <span class="dictionary">civic organizations</span> or <span class="dictionary">charitable purposes</span>, and (iii) conducts an advertised <span class="dictionary">charitable sales promotion</span> for a specified limited period of time.
		&#x201C;Commissioner&#x201D; means the Commissioner of Agriculture and Consumer Services or a member of his staff to whom he may delegate his duties under this chapter.
		&#x201C;<span class="dictionary">Contribution</span>&#x201D; means any gift, bequest, devise, or other grant of any money, credit, financial assistance, or property of any kind or value, including the promise to contribute, except payments by the <span class="dictionary">membership</span> of an organization for <span class="dictionary">membership</span> fees, dues, fines, or assessments, or for services rendered to individual members, and except money, credit, financial assistance, or property received from any governmental authority. &#x201C;<span class="dictionary">Contribution</span>&#x201D; does not include any donation of blood or any gift made pursuant to Article 2 (&#xA7;&#xA0;<a class="law" title="Revised Uniform Anatomical Gift Act; short title" href="/32.1-291.1/">32.1-291.1</a> et seq.) of Chapter 8 of Title 32.1.
		&#x201C;<span class="dictionary">Department</span>&#x201D; means the <span class="dictionary">Department</span> of Agriculture and Consumer Services.
		&#x201C;<span class="dictionary">Federated fund-raising organization</span>&#x201D; means any federation of independent <span class="dictionary">charitable organizations</span> that have voluntarily joined together, including but not limited to a United Fund or Community Chest, for purposes of raising and distributing money for and among themselves and where <span class="dictionary">membership</span> does not confer operating authority and control of the individual agencies upon the federated group organization.
		&#x201C;<span class="dictionary">File with the Commissioner</span>&#x201D; means depositing the originals of the documents required to be filed, along with the payment of the appropriate fee and all supporting documents with the <span class="dictionary">Department</span> or submitting the required documents and any appropriate <span class="dictionary">attachments</span> and fees by utilizing an online filing system approved by the Commissioner.
		&#x201C;<span class="dictionary">Fund-raising expenses</span>&#x201D; means the expenses of all activities that constitute or are an integral and inseparable part of a <span class="dictionary">solicitation</span>.
		&#x201C;<span class="dictionary">Membership</span>&#x201D; means those <span class="dictionary">persons</span> to whom, for payment of fees, dues, assessments, etc., an organization provides services and confers a bona fide right, <span class="dictionary">privilege</span>, professional standing, honor, or other direct benefit, in addition to the right to vote, elect officers, or hold offices. &#x201C;<span class="dictionary">Membership</span>&#x201D; does not include those <span class="dictionary">persons</span> who are granted a <span class="dictionary">membership</span> upon making a <span class="dictionary">contribution</span> as the result of <span class="dictionary">solicitation</span>.
		&#x201C;<span class="dictionary">Parent organization</span>&#x201D; means that part of a <span class="dictionary">charitable organization</span> that coordinates, supervises, or exercises control over policy, fund raising, and expenditures or assists or advises one or more chapters, branches, or affiliates.
		&#x201C;<span class="dictionary">Person</span>&#x201D; means any individual, organization, trust, foundation, association, partnership, corporation, society, or other group or combination acting as a unit.
		&#x201C;<span class="dictionary">Professional fund-raising counsel</span>&#x201D; means any <span class="dictionary">person</span> who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises, or acts as a consultant, whether directly or indirectly, in connection with soliciting <span class="dictionary">contributions</span> for, or on behalf of, any charitable or <span class="dictionary">civic organization</span>, but who actually <span class="dictionary">solicits</span> no <span class="dictionary">contributions</span> as a part of such services. A bona fide salaried officer or employee of a registered or exempt <span class="dictionary">charitable organization</span> or the bona fide salaried officer or employee of a registered <span class="dictionary">parent organization</span> shall not be deemed to be a <span class="dictionary">professional fund-raising counsel</span>.
		&#x201C;<span class="dictionary">Professional solicitor</span>&#x201D; means any <span class="dictionary">person</span> who, for a financial or other consideration, <span class="dictionary">solicits</span> <span class="dictionary">contributions</span> for, or on behalf of, a charitable or <span class="dictionary">civic organization</span>, whether such <span class="dictionary">solicitation</span> is performed personally or through his agents, servants, or employees or through agents, servants, or employees who are specially employed by or for a charitable or <span class="dictionary">civic organization</span> and are engaged in the <span class="dictionary">solicitation</span> of <span class="dictionary">contributions</span> under the direction of such <span class="dictionary">person</span> or any <span class="dictionary">person</span> who, for a financial or other consideration, plans, conducts, manages, carries on, advises, or acts as a consultant to a charitable or <span class="dictionary">civic organization</span> in connection with the <span class="dictionary">solicitation</span> of <span class="dictionary">contributions</span> but does not qualify as a <span class="dictionary">professional fund-raising counsel</span>. A bona fide salaried officer or employee of a registered or exempt <span class="dictionary">charitable organization</span> or a bona fide salaried officer or employee of a registered <span class="dictionary">parent organization</span> shall not be deemed to be a <span class="dictionary">professional solicitor</span>.
		&#x201C;Sale,&#x201D; &#x201C;sell,&#x201D; and &#x201C;<span class="dictionary">sold</span>&#x201D; mean the transfer of any property or the rendition of any service to any <span class="dictionary">person</span> in exchange for consideration, including any purported <span class="dictionary">contribution</span> without which such property would not have been transferred or such services would not have been rendered.
		&#x201C;<span class="dictionary">Solicit</span>&#x201D; and &#x201C;<span class="dictionary">solicitation</span>&#x201D; mean the request or <span class="dictionary">appeal</span>, directly or indirectly, for any <span class="dictionary">contribution</span> on the <span class="dictionary">plea</span> or representation that such <span class="dictionary">contribution</span> will be used for a <span class="dictionary">charitable purpose</span>, including, without limitation, the following methods of requesting such <span class="dictionary">contribution</span>:</p></section>
						<section id="1"><p><span class="prefix-number">1.</span> Any oral or written request; <a id="paragraph-279994" class="section-permalink" href="https://vacode.org/57-48/#1"><i class="fa fa-link"/></a></p></section>
						<section id="2"><p><span class="prefix-number">2.</span> Any announcement to the press, over the radio or television, by telephone or telegraph, or by email concerning an <span class="dictionary">appeal</span> or campaign to which the public is requested to make a <span class="dictionary">contribution</span> for any <span class="dictionary">charitable purpose</span> connected therewith; <a id="paragraph-279995" class="section-permalink" href="https://vacode.org/57-48/#2"><i class="fa fa-link"/></a></p></section>
						<section id="3"><p><span class="prefix-number">3.</span> The distribution, circulation, posting, or publishing of any handbill, written advertisement, or other publication that directly or by implication seeks to obtain public support; or <a id="paragraph-279996" class="section-permalink" href="https://vacode.org/57-48/#3"><i class="fa fa-link"/></a></p></section>
						<section id="4"><p><span class="prefix-number">4.</span> The sale of, offer, or attempt to sell, any advertisement, advertising space, subscription, ticket, or any service or tangible item in connection with which any <span class="dictionary">appeal</span> is made for any <span class="dictionary">charitable purpose</span> or where the name of any charitable or <span class="dictionary">civic organization</span> is used or referred to in any such <span class="dictionary">appeal</span> as an inducement or reason for making any such sale, or when or where in connection with any such sale, any statement is made that the whole or any part of the proceeds from any such sale will be donated to any <span class="dictionary">charitable purpose</span>.
			&#x201C;<span class="dictionary">Solicitation</span>,&#x201D; as defined in this section, shall be deemed to occur when the request is made, at the place the request is received, whether or not the <span class="dictionary">person</span> making the same actually receives any <span class="dictionary">contribution</span>.
			&#x201C;<span class="dictionary">Terrorists and terrorist organizations</span>&#x201D; means any <span class="dictionary">person</span>, organization, group, or conspiracy who assists or has assisted terrorist organizations, as provided in 18 U.S.C. &#xA7; 2339B, or who commits or attempts to commit acts of terrorism, as defined in &#xA7; <a class="law" title="Definitions" href="/18.2-46.4/">18.2-46.4</a>. <a id="paragraph-279997" class="section-permalink" href="https://vacode.org/57-48/#4"><i class="fa fa-link"/></a></p></section></text><history>1974, c. 574; 1979, cc. 124, 595, 598; 1983, c. 374; 1984, c. 268; 1988, c. 322; 1990, c. 711; 1996, c. 461; 2003, cc. 576, 977, 1009; 2005, c. 329; 2007, cc. 92, 907; 2013, c. 24; 2021, Sp. Sess. I, c. 465; 2023, c. 289.</history><metadata></metadata></law>
