KRS 367.653: Contracts -- Requirements -- Filing of contract and promotion registration

statement -- Violability of contract with unregistered party.

(1) A contract between a charitable organization and a professional solicitor or a

charitable organization and a fundraising consultant shall be in writing. The contract

shall be signed by two (2) authorized officials of the charitable organization, one (1)

of whom shall be a member of the organization's governing body and the authorized

contracting officer for the professional solicitor or fundraising consultant.

(2) The contract shall clearly state:

(a) The respective obligations of each party;

(b) The percentage of the gross revenue from the campaign that the charitable

organization will receive;

(c) The goods or services to be offered to the public;

(d) The geographic area where the campaign will take place;

(e) The date the campaign will begin and end;

(f) A fundraising budget; and

(g) Provisions for a final accounting.

The contract shall also identify the service s to be provided by the professional

solicitor or the fundraising consultant and shall indicate whether the solicitor or the

consultant will, at any time, have custody of any contributions. The contract may

further be defined by administrative regulations promulgated by the Attorney

General pursuant to this section.

(3) At least fourteen (14) calendar days prior to the performance of any service pursuant

to the contract, a professional solicitor or fundraising consultant shall file with the

Attorney General a copy of the contract. No solicitation pursuant to the contract

shall begin until the Attorney General has certified that the contract meets the

statutory requirements.

(4) When filing the contract, a professional solicitor shall also file a written prom otion

registration statement with the Attorney General. The statement shall be attested to

by the professional solicitor's authorized contracting officer and shall be in the form

as prescribed by the Attorney General in administrative regulations. The cont ract

filed by a professional solicitor shall be valid only if it complies with this section

and is accompanied by a promotion registration statement.

(5) No professional solicitor or fundraising consultant shall contract with a charitable

organization unless the professional solicitor or fundraising consultant is registered

with the Attorney General. A contract with an unregistered professional solicitor or

fundraising consultant shall be violable at the option of the charitable organization.