Section 57-22-6.4 - Professional fundraiser; records and reports. - New Mexico Statutes

57-22-6.4. Professional fundraiser; records and reports.

A.     At least every six months, the professional fundraiser shall account in writing to the charitable organization for all contributions received and all expenses incurred under their contract. The charitable organization shall maintain a copy of the accounting of contributions and expenses for three years and make it available to the attorney general upon request.   

B.     All contributions of money received by the professional fundraiser shall be deposited in an account at a federally insured financial institution within two days after receipt. The account shall be established and maintained in the name of the charitable organization. Disbursements from the account shall be made upon warrants signed by an authorized representative of the charitable organization and may also be signed by the professional fundraiser.   

C.     The professional fundraiser shall include the following information in its accounting required by Subsection A of this section to the charitable organization:   

(1)     the name and address of each person contributing to the charitable organization and the date and amount of the contribution. This information shall not be publicly disclosed and shall be used only for law enforcement purposes;   

(2)     the name and residence address of each employee, agent or other person involved in the solicitation;   

(3)     the script or other instructional information provided by the charitable organization or professional fundraiser to employees, agents or other persons conducting solicitations;   

(4)     a record of expenses incurred by the professional fundraiser that the charitable organization paid; and   

(5)     the name and address of each financial institution and the account number of each account in which the professional fundraiser deposited contributions received from the solicitation.   

D.     The professional fundraiser and the employees of the professional fundraiser shall disclose the following in solicitations:   

(1)     the name of the charitable organization; and   

(2)     the fact that the solicitation is made by or through a professional fundraiser.   

E.     Every professional fundraiser and charitable organization shall have either a registered agent in the state or shall file a consent to service of process with the attorney general. The consent to service shall be in the form prescribed by the attorney general and shall be irrevocable.