§ 6-401. Registration required

   (a) In general. -- A charitable organization shall register and receive a registration letter from the Secretary of State before the charitable organization:

   (1) solicits charitable contributions in the State;

   (2) has charitable contributions solicited on its behalf in the State; or

   (3) solicits charitable contributions outside of the State, if the charitable organization is in the State.

(b) For federated, member-agency, and parent organizations. -- A separate registration statement and a registration letter is necessary before any of the following charitable organizations can solicit:

   (1) a federated fund-raising organization consisting of independent charitable organizations, including a united fund and a community chest, that:

      (i) have joined to solicit charitable contributions and distribute them among themselves; but

      (ii) keep their own operating authority and control; or

   (2) an independent charitable organization, including one that is a member of a federated fund-raising organization, unless it is specifically exempted or it does not solicit charitable contributions other than as a member of a federated fund-raising organization.

(c) For affiliates, branches, and chapters. --

   (1) A parent organization shall submit a consolidated registration statement for the affiliates, branches, or chapters in the State that it coordinates, controls, or supervises.

   (2) An affiliate, branch, or chapter of a charitable organization shall:

      (i) report information needed for a consolidated registration statement to its parent organization;

      (ii) submit a separate registration statement; and

      (iii) receive a registration letter from the Secretary of State prior to soliciting.

   (3) For purposes of this subsection, an independent member agency of a federated fund-raising organization is not an affiliate, branch, or chapter.

HISTORY: An. Code 1957, art. 41, § 3-201, 3-202; 1992, ch. 4, § 2; 2006, ch. 459.