The following definitions are taken from the 2005 Act:
Any organisation, whether or not it is a charity, which has been set up for charitable, benevolent or philanthropic purposes.
Any benevolent body and companies connected with it and any person who is associated with the body or connected companies in the following ways:
- as a person in management or control
- as an employee or agent
- as a volunteer
For example, a benevolent fundraiser may be:
- a salaried charity fundraiser
- the chief officer of a charity
- a charity’s trading subsidiary
- a social enterprise owned by a charity
The process of seeking money or promises of money for the benefit of benevolent bodies (and companies connected with them) or for general charitable, benevolent or philanthropic purposes.
Any person who carries on a commercial business (other than a fundraising business) which, in the course of its business, takes part in a promotional venture during which it is communicated that some or all of its proceeds will be given to one or more particular benevolent bodies or will be applied for charitable, benevolent or philanthropic purposes.
The definition of commercial participator does not include a company connected with a benevolent body, like the trading subsidiary of a charity.
Company connected with a benevolent body
A company over which a benevolent body, either on its own or together with other benevolent bodies, has full voting control at a general meeting.
For example, a connected company may be a social enterprise or trading subsidiary which is wholly owned by a charity.
A commercial business which mainly seeks money or promises of money for one or more particular benevolent bodies or for general charitable, benevolent or philanthropic purposes.
A person may be either a natural person (a human being) or a legal person such as a company.
Any person who carries on a fundraising business or who, in return for a financial reward or any other benefit, seeks money or other property for a benevolent body or for general charitable, benevolent or philanthropic purposes.
The definition of professional fundraiser does not include:
- an employee of a charity
- a benevolent body or any company connected with it for example, a charity‘s trading subsidiary
- any person in the management or control of or any employee of a benevolent body or a company connected with it
- a person who, in the course of a fundraising venture on a radio or TV programme, seeks money or promises of money on behalf of a benevolent body or a company connected with it
- a commercial participator.
Promises of money
A promise to pay a particular sum at a future date by means of standing order, direct debit or any other similar agreement.
Includes access to premises or an event, membership to an organisation, a ticket for a lottery or other game of chance, the provision of advertising space and the provision of financial facilities.
In the context of fundraising, a solicitation is the act of seeking money or promises of money on behalf of a benevolent body or for general charitable, benevolent or philanthropic purposes.
In this Guide solicitation includes a professional fundraiser soliciting, a commercial participator making representations or a benevolent fundraiser benevolent fundraising.
< Offences and penaltiesSources of help and advice >