{"data":{"id":"us-ky/krs-367.652","jurisdiction":"us-ky","citation":"KRS 367.652","heading":"Registration of professional solicitors and fundraising consultants --","body":"Prohibitions -- Background check.\n(1) A professional solicitor shall file a registration statement with, and obtain the\napproval of, the Attorney General before acting as a profess ional solicitor. The\nregistration statement shall be attested to by the professional solicitor, if an\nindividual, or by the principal officer of the professional solicitor, if the solicitor is a\nbusiness entity. The statement shall be accompanied by a fee of three hundred\ndollars ($300), plus the costs of a background investigation to the Attorney\nGeneral's office. The funds shall be placed in a trust or agency account pursuant to\nKRS 45.253. If a professional solicitor is a corporation or partnership, a si ngle fee\nshall cover all its partners, members, employees, directors, agents, or officers.\n(2) Each registration shall expire on December 31 of the calendar year in which it is\nfiled and may be renewed by reapplying and paying the prescribed fee.\n(3) At the time of filing the registration statement, a professional solicitor shall file with\nand have approved by the Attorney General a full cash or surety bond in the amount\nof twenty -five thousand dollars ($25,000). The bond shall be in favor of the\nAttorney General and shall be held for any person having prevailed in a cause of\naction against the solicitor for liabilities resulting from the solicitor's violation of\nKRS 367.650 to 367.670 or any administrative regulation promulgated pursuant to\nthese sections. The bond shall be in a form prescribed by the Attorney General. If a\nsurety bond is issued, it shall be issued by an insurer authorized to transact surety\ninsurance in this state pursuant to KRS Chapter 304. The Attorney General may\nrequire that any cash o ffered as security for a full cash bond be held in escrow by a\nfinancial institution located in the state, subject to an escrow agreement approved by\nthe Attorney General.\n(4) The registration statement shall be filed in a form prescribed by the Attorney\nGeneral and shall include:\n(a) The name, address, and telephone number of the professional solicitor and the\nagent authorized to accept service of process in this state;\n(b) The names in which the professional solicitor is doing business in Kentucky\nand any names used in the past;\n(c) The names and addresses of any charity sharing in the charitable contributions\nreceived in this state;\n(d) A copy of any articles of incorporation and by -laws of the solicitor, fund\nraising consultant, and the charitable organi zation, and any tax -exempt status\nletter from the Internal Revenue Service;\n(e) The names, addresses, and occupations of persons employed by or who have\ncontracted with the professional solicitor and a statement of whether those\npersons have been convicted  of a felony or a misdemeanor involving moral\nturpitude or arising from their conduct as solicitors for a charitable\norganization or purpose;\n(f) A copy of the financial statement for the professional solicitor's preceding\nfiscal year, which shall set out the total profits and revenue from all\nfundraising activities, the balance sheet, the kind and amounts of funds raised,\nspecific costs in raising funds, the percentage of funds raised on behalf of the\ncharitable organization which are actually paid to the organization for\ncharitable purposes, and the location of the original financial records;\n(g) A statement of whether the professional solicitor has ever been enjoined by\nany court or otherwise prohibited from soliciting contributions in any\njurisdiction;\n(h) A statement indicating the method by which the solicitation is made, a\ndescription of the promotional plan together with copies of all advertisements,\nthe location of all telephones being used, and the time period during and the\nareas in which the solicitations are made; and\n(i) Any other information which may be required by the Attorney General for the\npublic interest or for the protection of contributors.\n(5) A fundraising consultant shall file a registration statement with and obtain the\napproval of t he Attorney General before acting as a consultant. The registration\nstatement shall be attested to by the fundraising consultant, if the consultant is an\nindividual, or by the principal officer of the fundraising consultant, if the consultant\nis a business  entity. The statement shall be accompanied by a fee of fifty dollars\n($50), plus the costs of a background investigation. The fees shall be placed in a\ntrust or agency account pursuant to KRS 45.253. If a fundraising consultant is a\ncorporation or partner ship, a single fee shall cover all its partners, members,\nemployees, directors, agents, or officers.\n(6) Each registration shall expire on December 31 of the calendar year in which it is\nfiled and may be renewed by reapplying and paying the fee.\n(7) The professional solicitor and fundraising consultant shall report in writing to the\nAttorney General any material change in the registration statement occurring after\nfiling. The report shall be filed within seven (7) calendar days after the change\noccurs.\n(8) No person shall act as a professional solicitor or fundraising consultant if he, his\nofficers, directors, or any person with a controlling interest in the business, or any\nperson the professional solicitor or fundraising consultant employs or procure s to\nsolicit for compensation or to advise, consult, plan, or manage in regards to the\nsolicitation campaign, has been convicted by a court of any state or the United\nStates of a felony or a misdemeanor involving moral turpitude or arising from his\nconduct as a solicitor or consultant for a charitable organization or purpose. A\nbackground check on each person set out in this subsection shall be performed by\nthe Attorney General's office. The actual cost of the investigation shall be added to\nthe registration fee.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35026","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:04Z","sha256":"0220adac7a0743a064053564e24082fdc369fa1349092ac24b8aad72c90d6b40","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.650","next":"us-ky/krs-367.653"},"notice":"GroundRules: Original legal text. Not legal advice."}
