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On 10/15/2012 04:44 PM, webmaster-Kracked_P_P wrote:

Does anyone know of any other countries, or local areas, that restrict
direct donations to an organization like TDF. As far as I can tell, there is not issues in NYS-USA.

Most of the states of the United States, and provinces of Canada have laws, statutes, ordinances, rules, regulations, and restrictions on who, where, when, and how donations can be solicited, requested, or accepted.

As one individual in charge of county licensing of solicitations phrased it: "The local ordinances have not yet caught up with the online world. One still needs to physically apply in person, for a permit to solicit donations within this county. It doesn't matter if the fund raiser, and the organization reside, operate, and target their activities in another country. If they are not wearing the photo-ID badge issued by the county, they are in violation of county ordinances."

For non-profits, the "saving grace", is that most of these agencies are too small to be able to devote much more of their resources, than send a cursory email to organizations doing fund raising in cyberspace, requesting the fund raising organization to comply with local ordinances.

A few years ago, I talked briefly a lawyer who suggested compliance (in order of precedence) with: * All rules, regulations, ordinances, statutes, and laws, in the state of incorporation, regardless of the level of government they are at. (IOW, comply with every county, township, city, etc government body that had something about fund raising, regardless of how explicit or implicit that "something" is. (One major obstacle, is that a physical address within the geographical boundaries of the agency whose license/etc is being applied for, is usually required.)); * Then comply with the requirements at a state level, for all fifty states, and all provinces and territories of Canada; * Then comply with county, township, etc levels, as donations from them are received;

The caveat was that if an agency, or individual sued for violation, that course of action would not be an adequate defence. At best, the attorney that represented the organization, could argue for "reasonableness", in requiring a foreign organization, whose efforts were focused geographically elsewhere, to comply with local requirements, before any donations, or contributions, of cash, in kind, or of service, were received, and accepted by the organization.

I am not a lawyer.  This is not legal advice.


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