If you operate as a professional fundraiser in Kentucky, you’re likely aware that the state requires a Professional Fundraiser Bond to ensure compliance with fundraising laws and protect donors. From my experience, this bond is an essential safeguard, promoting accountability, trust, and transparency in the fundraising industry.
This guide will help you understand what the Kentucky Professional Fundraiser Bond is, why it’s required, how it works, and how you can secure it quickly and affordably.
The Kentucky Professional Fundraiser Bond is a type of surety bond required by the Kentucky Attorney General’s Office for anyone registering as a professional fundraiser. A professional fundraiser is someone who solicits contributions on behalf of charitable organizations for compensation.
This bond acts as a financial guarantee that fundraisers will comply with Kentucky’s charitable solicitation laws, outlined in KRS 367.650 to KRS 367.670. If a fundraiser violates the law—such as misusing funds, engaging in fraud, or failing to deliver promised services—this bond ensures that harmed parties (usually donors or charitable organizations) have a way to recover their losses.
This bond is required for individuals or businesses that provide fundraising services in Kentucky. Examples include:
Professional Solicitors: Individuals or companies that are hired to solicit donations from the public on behalf of charitable organizations.
Fundraising Consultants: Professionals who advise or assist charities with fundraising strategies and campaigns.
Third-Party Fundraisers: Businesses or agencies that contract with nonprofits to handle solicitation efforts.
From my observation, if you earn compensation for soliciting donations in Kentucky, you’ll need this bond as part of your registration process with the Attorney General’s Office.
From what I’ve seen, this bond serves several critical purposes that benefit donors, charities, and regulatory authorities:
1. Regulatory Compliance
The Kentucky Attorney General’s Office requires professional fundraisers to secure this bond as part of the licensing process to ensure compliance with state laws.
2. Donor Protection
The bond provides financial protection for donors by holding fundraisers accountable for ethical practices and accurate handling of funds.
3. Charity Protection
It ensures that charitable organizations receive the funds collected on their behalf, preventing fraud or mismanagement.
4. Accountability
The bond holds fundraisers accountable for adhering to all contractual and legal obligations, such as accurate reporting and proper fund distribution.
Bond Amount
The required bond amount in Kentucky is typically $25,000, though it’s important to confirm the exact amount with the Kentucky Attorney General’s Office. This amount represents the maximum coverage provided by the bond in the event of a valid claim.
Cost of the Bond
The cost of the bond (referred to as the premium) is a percentage of the total bond amount. Premium rates generally range between 1% and 5%, depending on factors such as:
Personal or business credit score.
Financial stability.
Business experience.
For example:
If the bond amount is $25,000, the annual premium may range from $250 to $1,250, depending on your financial and credit background.
Duration
The bond is typically valid for one year and must be renewed annually to maintain compliance with state regulations.
The bond involves three parties:
Principal: You, the professional fundraiser who is obtaining the bond.
Obligee: The Kentucky Attorney General’s Office, which requires the bond to ensure compliance.
Surety: The bonding company that issues the bond and provides financial backing.
Here’s how the bond functions:
Issuance of the Bond
You secure the bond as part of the licensing or registration process required to operate as a professional fundraiser in Kentucky.
Compliance with Terms
By obtaining the bond, you agree to comply with all applicable laws, including ethical solicitation practices, accurate reporting, and proper distribution of funds.
Claim Filing
If a charitable organization or donor suffers financial harm due to fraud, mismanagement, or unethical practices, they can file a claim against your bond.
Surety Investigation
The surety company investigates the claim to determine its validity. If the claim is deemed valid, the surety compensates the harmed party up to the bond amount.
Reimbursement by the Principal
After paying the claim, the surety will seek reimbursement from you for the amount paid. This is why it’s important to operate ethically and in compliance with all regulations.
Securing this bond is a straightforward process when working with the right surety bond provider. Based on my experience, here’s how you can get your bond:
1. Determine Bond Requirements
Contact the Kentucky Attorney General’s Office or review the licensing requirements to confirm the exact bond amount and conditions.
2. Choose a Surety Bond Provider
Work with a reputable surety bond company that understands Kentucky’s regulations for professional fundraisers.
3. Complete the Application
Submit an application with details about your business, personal or business financial information, and your professional background.
4. Underwriting Process
The surety company evaluates your credit history and financial standing to determine your premium rate. A strong credit score can help you secure a lower premium.
5. Pay the Premium
Once approved, pay the premium to activate your bond.
6. File the Bond
Submit the bond to the Kentucky Attorney General’s Office as part of your licensing or registration process.
From my perspective, obtaining this bond offers significant benefits for both fundraisers and the organizations they work with:
Legal Compliance
Ensures you meet Kentucky’s licensing requirements, avoiding fines or penalties.
Enhanced Credibility
Demonstrates your commitment to ethical practices and builds trust with donors and charities.
Protection for Charities and Donors
Provides financial security for those who rely on your services, promoting transparency and accountability.
Professional Reputation
Sets you apart as a responsible and trustworthy fundraiser, making you more competitive in the industry.
I’ve found that following these best practices can help you avoid claims and maintain good standing with your bond:
Follow Ethical Practices
Always operate transparently and honestly when soliciting donations or managing campaigns.
Keep Detailed Records
Maintain clear and accurate records of all funds raised, distributions, and contracts with charitable organizations.
Comply with Laws and Regulations
Stay informed about Kentucky’s laws governing professional fundraising and ensure all your activities comply.
Communicate with Clients
Maintain open communication with charitable organizations to clarify expectations and avoid misunderstandings.
At Axcess Surety, we’ve worked closely with professional fundraisers across Kentucky to provide fast and reliable bonding solutions. From what I’ve seen, having a knowledgeable bond provider can make all the difference in simplifying the process and ensuring compliance.
What We Offer:
Affordable Rates: We work to secure the lowest premium possible for your bond.
Fast Processing: Our team ensures your bond is issued quickly to meet your deadlines.
Expert Guidance: We guide you through every step of the process, making it simple and stress-free.
The Kentucky Professional Fund Raiser Bond is an essential tool for protecting donors, charitable organizations, and your reputation as a professional fundraiser. From my experience, obtaining this $25,000 bond is a straightforward process that helps you comply with state regulations and instills confidence in your clients.
If you’re ready to secure your bond or have any questions, I’m here to help make the process seamless. Let’s work together to get your bond in place so you can focus on raising funds and making a difference!