1360-03-01-.07
Application
Cite as Tenn. Comp. R. & Regs. 1360-03-01-.07
OF
REGISTRATION
REQUIREMENTS
TO
INTERNET
SOLICITATION.
(1)
Entities That Are Domiciled Within Tennessee
(a)
An entity that is domiciled within Tennessee and uses the internet to conduct charitable
solicitations in Tennessee must register with the Division, unless exempt from the
registration requirements pursuant to Tennessee Code Annotated Section 48-101-502.
This is true without regard to whether the internet solicitation methods it uses are
passive or interactive, maintained by itself or another entity with which it contracts, or
whether it conducts solicitations in any other manner.
(b)
An entity is domiciled within Tennessee if its principal place of business is in
Tennessee.
(2)
Entities That Are Domiciled Outside Tennessee
An entity that is not domiciled within Tennessee must register in accordance with the law of
Tennessee, unless exempt from the registration requirements, if:
(a)
Its non-internet activities alone would be sufficient to require registration;
(b)
The entity solicits contributions through an interactive website; and
(c)
Either the entity:
(i)
Specifically targets persons physically located in Tennessee for solicitation, or
(ii)
Receives contributions from Tennessee on a repeated and ongoing basis or a
substantial basis through its website; or
(d)
The entity solicits contributions through a site that is not interactive, but either
specifically invites further offline activity to complete a contribution, or establishes other
contacts with Tennessee state, such as sending e-mail messages or other
communications that promote the website; and
REGULATION OF THE SOLICITATION OF FUNDS
CHAPTER 1360-03-01
FOR CHARITABLE PURPOSES
(e)
The entity satisfies (2)(c).