Information to be provided by fundraisers

Published: 21/02/2018
Updated: 21/02/2018

 

Information regarding the recipient of funds and remuneration of fundraisers

The 2009 Regulations require different information to be given to potential donors depending on who is making the solicitation and how. Which solicitation statement is needed depends on whether the ‘ask’ is made verbally or in writing and whether it is made by a:

Employees of professional fundraisers and commercial participators must comply with the requirements placed upon their employer. 

 

Solicitation statements

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The chart below indicates the information that must be given to (potential) donors in different situations.

Fundraising statements

 

+When these statements are given verbally it needs to be made clear that the information is available in writing. The information should be provided immediately upon request, or when the person is not present, as soon as possible.

 

Charity volunteers: Although there is no legal requirement it is best practice for volunteers to make clear to potential donors which organisation they are representing and the fact they are volunteering.


Benevolent Fundraiser (excluding volunteers): Statement A

The following information must be given during the solicitation:

if the benevolent fundraiser is seeking funds on behalf of a particular benevolent body:

  • the name of the benevolent body
  • if more than one body is to benefit, details of the proportion of funds raised which each body will receive, or

if the benevolent fundraiser is seeking funds for general charitable, benevolent or philanthropic purposes (rather than a particular body):

  • an indication of this fact
  • details of how the distribution of the funds will be determined

If the solicitation is conducted verbally, the benevolent fundraiser must also indicate if they are to receive remuneration. This may be done in a number of ways, including using one of the following example statements:

  • ‘I am a paid employee of X charity’
  • ‘I’m the staff fundraiser for X charity’
  • ‘I work for X charity’



Professional Fundraiser: Statement B

The following information must be given during the solicitation:

if the professional fundraiser is seeking funds on behalf of a particular benevolent body:

  • the name of the benevolent body
  • if more than one body is to benefit, details of the proportion of funds raised which each body will receive, or

if the professional fundraiser is seeking funds for general charitable, benevolent or philanthropic purposes (rather than a particular body):

  • an indication of this fact
  • details of how the distribution of the funds will be determined.

Professional fundraisers must also state whether they are to receive remuneration and, if so, the way in which the remuneration will be determined. The professional fundraiser must also state the actual amount of remuneration if known at that time or, if it is not known, the estimated amount of remuneration.

 

Commercial Participator: Statement C

The following information must be given during the solicitation:

if the commercial participator is seeking funds on behalf of a particular benevolent body:

  • the name of the benevolent body
  • if more than one body is to benefit, details of the proportion of funds raised which each body will receive, or

if the commercial participator is seeking funds for general charitable, benevolent or philanthropic purposes (rather than a particular body):

  • an indication of this fact
  • details of how the distribution of the funds will be determined

Commercial participators must also state whether they are to receive remuneration and, if so, the way in which the remuneration will be determined.  The commercial participator must also state the actual amount of whichever of the following sums is applicable if known at that time or, if it is not known, the estimated amount:

  • the amount received in payment for goods or services provided by the commercial participator
  • the proceeds received from a promotional venture undertaken by the commercial participator
  • the level of donations by the commercial participator to the benevolent body in relation to goods and services provided.


Information regarding the right to refunds
Professional fundraisers or commercial participators soliciting funds verbally in the following situations must give potential donors information regarding their rights to refunds:

 

Method of fundraising

Information to be provided

 

During a radio or TV programme

Any person making payments of £100 or more by debit or credit card have a right to a refund if requested within 7 days of the solicitation.

Not directly face to face with the potential donor for example by telephone or video.

Any person making payments (or promises to make payments in the future) of £100 or more have a right to a refund (or to cancel the agreement) if requested within 7 days of the solicitation.

 

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It is an offence for a professional fundraiser or commercial participator to fail to provide such information regarding the right to refunds.