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BASIC COMPONENTS OF A
FUNDRAISING REPRESENTATION AGREEMENT
This “model contract” is provided by the Attorney General to help charities that
are considering the use of commercial fundraisers or fundraising counsel in the
organization’s development plans.
Provisions mandated by amendments to the law effective January 1, 2005
(identified in the text below in italics and by citation to statute) must be included in all
contracts with both commercial fundraisers [Govt. Code sec. 12599] and fundraising
counsel [Govt. Code sec. 12599.1]. The new provisions also require that a contract
must be signed by the authorized contracting officer for the fundraiser and by an official
of the charity authorized to sign by the organization’s governing body. In addition, the
contract must be available for inspection by the Attorney General.
The model contract also covers key issue areas which are not mandatory. Since
each organization is different, not all of these elective provisions may apply universally.
TERM OF THE AGREEMENT
This Agreement is made and entered into effective this ___day of __________,
200__(the “Effective Date”) [Govt. Code sections 12599(i)(6) and 12599.1(f)(5)], by and
between ABC, Inc., a California corporation (ABC), whose principal address is
______________________________and Nonprofit, Inc.(NP), a California nonprofit
public benefit corporation, whose principal address is [insert legal name and address as
registered with the California Attorney General unless exempt from registration], acting
by and through its duly authorized officers. [Govt. Code sections 12599(i)(1) and
12599.1(f)(1)]
IDENTIFICATION OF PARTIES TO AGREEMENT
1.
NP is a nonprofit public benefit corporation formed and operated for
charitable purposes, including but not limited to [describe program
service].
2.
ABC is a for-profit corporation engaged in the business of commercial
fundraising for charitable purposes.
3.
Subject to the terms of this Agreement, NP des