§ 4-28-412 — Prohibited acts

It shall be a violation of this subchapter for: (1) Any person to make any misrepresentation, either express or implied, during the course of soliciting funds for a charitable organization; (2) Any charitable organization to engage in any financial transaction that knowingly jeopardizes or interferes with the ability of the charitable organization to accomplish its charitable purpose; (3) Any person to knowingly use or exploit the fact of registration so as to lead the public to believe that such registration constitutes an endorsement or approval by the state; (4) Any person to knowingly misrepresent that any other person sponsors or endorses a solicitation; (5) Any person to knowingly either use the name of a charitable organization or display any emblem, device, or printed matter belonging to or associated with a charitable organization without the express written permission of the charitable organization; (6) Any charitable organization to knowingly use a name that is the same as or confusingly similar to the name of another charitable organization unless the latter organization consents in writing to its use; (7) Any charitable organization to represent itself as being associated with another charitable organization without the express written acknowledgment and endorsement of the other charitable organization; (8) Any person to knowingly make any false or misleading statements on any document required to be filed with the Secretary of State; (9) Any person to fail to substantially comply with the requirements of this subchapter; (10) Any charitable organization to use the services of an unregistered paid solicitor who is required to register pursuant to this subchapter; (11) Any paid solicitor to solicit contributions from citizens or entities located in this state on behalf of an unregistered charitable organization; and (12) Any person to use an Arkansas address, including a return address, in any solicitation unless the: (A) Charitable organization maintains and staffs an office at that address; (B) Solicitation discloses in writing immediately proximate to the address located in this state both the address of the charitable organization's actual headquarters and the fact that the address is that of a mail drop box or is located in a mail-handling facility; or (C) Person, if soliciting by phone, discloses the address of the organization's actual headquarters in addition to any address maintained in this state.

Legislative History

Amended by Act 2017, No. 727,§ 12, eff. 1/1/2018. Amended by Act 2017, No. 727,§ 11, eff. 1/1/2018. Acts 1999, No. 1198, § 12; 2005, No. 257, § 1.