Cal. Code Regs. Tit. 11, § 315 - Registration and Filing Requirements for Charitable Fundraising Platforms and Platform Charities

(a) A charitable fundraising platform shall register with the Attorney General before soliciting, permitting, or otherwise enabling acts of solicitation. A charitable fundraising platform will be assigned a registration number and shall submit the following at the time of initial registration, which may be filed at any time during the year:

(1) A completed Form PL-1: Initial Registration for Charitable Fundraising Platforms ("Form PL-1" Orig. 01/2024), hereby incorporated by reference. Form PL-1 shall be completed as a fillable form via the online filing service available on the Attorney General's Charitable Fundraising Platforms web page.

(2) A $625 registration fee.

(b) A charitable fundraising platform shall renew its registration annually on or before January 15 for each calendar year if, during that year, a charitable fundraising platform has been, is, or will be performing, permitting, or otherwise enabling any acts of solicitation, or has been, is, or will be receiving, holding, or controlling donations or recommended donations, or sending donations or grants of recommended donations, including through a partnership with a platform charity or another charitable fundraising platform. A charitable fundraising platform shall submit the following at the time of registration renewal:

(1) A completed Form PL-2: Registration Renewal for Charitable Fundraising Platforms ("Form PL-2" Orig. 01/2024), hereby incorporated by reference. Form PL-2 shall be completed as a fillable form via the online filing service available on the Attorney General's Charitable Fundraising Platforms web page.

(2) A $625 registration renewal fee.

(c) A platform charity shall register as a trustee, as set forth in section 300 of these regulations, and file annual reports, as set forth in sections 301 to 307 of these regulations.

(d) A platform charity shall file a completed Form PL-3: Notification from Platform Charities ("Form PL-3" Orig. 01/2024), hereby incorporated by reference, when the platform charity enters into a partnership with a charitable fundraising platform to facilitate acts of solicitation on that charitable fundraising platform. Form PL-3 shall be completed as a fillable form via the online filing service available on the Attorney General's Charitable Fundraising Platforms web page. The notification shall be filed no later than 30 days after the partnership was entered, unless notification was previously provided through registration of the platform charity as a trustee, or the registration of the charitable fundraising platform.

(e) A charitable fundraising platform or platform charity shall file an annual report with the Attorney General, as described in Government Code section 12599.9, subdivision (c), on or before July 15 of each year for fundraising activities of the preceding calendar year. A completed annual report shall be filed on Form PL-4: Annual Fundraising Report for Charitable Fundraising Platforms or Platform Charities ("Form PL-4" Orig. 01/2024), hereby incorporated by reference. Form PL-4 shall be completed as a fillable form via the online filing service available on the Attorney General's Charitable Fundraising Platforms web page. If a charitable fundraising platform does not renew registration for the current calendar year, the Form PL-4 shall still be filed for fundraising activities of the preceding calendar year.

(f) When a registrant charitable fundraising platform retains a partner, a registrant charitable fundraising platform's Form PL-4 may be filed by the partner on behalf of the registrant charitable fundraising platform when all of the following are met:

(1) The registrant charitable fundraising platform's Form PL-2, which was completed and timely filed on or before January 15 of the calendar year for the registration renewal, provided authority for the partner to submit the Form PL-4 for the calendar year prior to the registration renewal. If the registrant charitable fundraising platform retained more than one partner, only one partner may submit the Form PL-4.

(2) The registrant charitable fundraising platform examines and signs the Form PL-4, under oath, before it is filed by the partner.

(3) The registrant charitable fundraising platform did not act as a partner to facilitate solicitations on other charitable fundraising platforms during the year for which the Form PL-4 is being filed.

(4) The partner is registered with the Attorney General.

(g) When a charitable fundraising platform or platform charity is required to submit fee information on Form PL-4 that it believes is confidential or a trade secret, the fee information shall be submitted separately from other information in the filing, and in compliance with Form PL-4's instructions. The charitable fundraising platform or platform charity shall explain why the fee information is confidential or a trade secret. The Attorney General shall consider whether the public interest in maintaining the confidentiality of the fee information clearly outweighs the public interest in disclosure. If the Attorney General finds the fee information is not confidential or a trade secret, the Attorney General shall provide written notification of this finding, and instruct the charitable fundraising platform or platform charity to amend Form PL-4 no later than 45 days after such notice is sent. If the charitable fundraising platform or platform charity fails to amend in accordance with the notice, the fee information that is not confidential or a trade secret will be made available for public inspection. When fee information is confidential or a trade secret, and it is separately submitted in compliance with Form PL-4's instructions, the fee information shall not be made available for public inspection, and the Attorney General shall not disclose the information except as follows:

(1) In an investigation or law enforcement action pursuant to the Attorney General's charitable trust enforcement responsibilities.

(2) In response to a subpoena or search warrant.

(h) The above registration and filing requirements apply to an unregistered person or entity for the time period that registration was required.

Notes

Cal. Code Regs. Tit. 11, § 315

Note: Authority cited: Sections 12586, 12587, 12590 and 12599.10, Government Code. Reference: Sections 12586, 12590, 12599.9 and 12599.10, Government Code.

Note: Authority cited: Sections 12581, 12584, 12585, 12587 and 12598, Government Code. Reference: Sections 11400 et seq., 11500 et seq., 12581, 12581.2, 12584, 12585, 12586, 12588, 12591, 12591.1, 12595, 12596, 12597, 12599, 12599.1, 12599.2, 12599.6 and 12599.7, Government Code; Sections 17510, 17510.2, 17510.25, 17510.3, 17510.4, 17510.5, 17510.8, 17510.85 and 17510.9, Business and Professions Code; and Sections 5142, 5230, 5231, 5232, 5233, 5235, 5236, 5237, 5238, 6215, 7231, 7233, 7236, 7237 and 7238, Corporations Code.

1. New section filed 10-27-2015; operative 1/1/2016 (Register 2015, No. 44).
2. Renumbering of section 315 to section 338 and new section 315 filed 3-26-2024; operative 3/26/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 13).