1 Miss. Code. R. 15-1.01 - Definitions

As used in Miss. Code Ann. §§ 79-11-501 through 79-11-529 and the Rules promulgated thereunder, the following terms shall have the meaning ascribed to them below unless the context requires otherwise:

(A) "Act" shall mean the Charitable Solicitations Act, which is codified as Miss. Code Ann. §§ 79-11-501 through 79-11-529.

(B) "Religious institution" shall mean

(1) Ecclesiastical or denominational organizations, churches, diocese or presbytery or established physical places for worship, whether or not incorporated, at which nonprofit religious services and activities are regularly conducted and carried on and also includes those religious groups which do not maintain specific places of worship;

(2) Such separate groups or corporations which form an integral part of a religious Institution as defined by subsection (B)(1) of this Rule and which are exempt from federal income tax under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1954, or of a corresponding section of any subsequently enacted federal revenue act; and

(3) Such institutions soliciting contributions for the construction and maintenance of a house of worship or clergyman's residence.

(C) "Charities Division" or "Division" shall mean the Charities Division of the Office of the Secretary of State of Mississippi.

(D) "Charitable sales promotion" shall mean an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a Charitable Organization or purpose.

(E) "Commercial Co-venturer" shall mean any person or entity who is regularly and primarily engaged in the production, trade, sale or commerce of goods other than in connection with the raising or solicitation of funds, assets, or other property for charitable organizations or charitable purposes, who for indirect compensation (including contractually arranged fees, commissions or other monetary remuneration), conducts, promotes, underwrites, arranges, markets, sponsors or advertises a sale, performance, or event of any kind which will benefit, to any extent, a Charitable Organization. A person or entity who contracts with a Charitable Organization to benefit that charity to any extent, and who receives only indirect compensation limited to goodwill or tax benefits as a result of that contractual agreement, is considered neither a commercial co-venturer nor a professional fund-raiser so long as neither the person (or entity) nor the Charitable Organization conducts, promotes, underwrites, arranges, markets, sponsors, or advertises the relationship to the public during the contract period.

(F) "Specifically targets" shall mean to either (i) include on its Web site an express or implied reference to soliciting contributions from that state; or (ii) to otherwise affirmatively appeal to residents of the state, such as by advertising or sending messages to persons located in the state (electronically or otherwise) when the entity knows or reasonably should know the recipient is physically located in the state. Charities operating on a purely local basis, or within a limited geographic area, do not target states outside of their operating area, if their Web site makes clear in context that their fundraising focus is limited to that area even if they receive contributions from outside that area on less than a repeated and ongoing basis or on a substantial basis.

Notes

1 Miss. Code. R. 15-1.01

Miss. Code Ann. §§ 79-11-501; 504(a) (Rev. 2009).

Amended 12/20/2017