South Carolina Code of Regulations Chapter 102 - ATTORNEY GENERAL-DIVISION OF PUBLIC CHARITIES (REPEALED)
South Carolina Code of Regulations Chapter 102 — Attorney General — Division of Public Charities (REPEALED)
I. Overview
Chapter 102 formerly governed the Division of Public Charities under the Office of the Attorney General in South Carolina.
The Division was responsible for regulating charitable organizations and charitable solicitations to protect the public from fraud and misuse of charitable funds.
The chapter has been repealed, meaning its regulations are no longer in force; however, understanding its prior role helps explain how charitable oversight was conducted.
II. Purpose of the Division of Public Charities (Before Repeal)
To register and oversee charitable organizations operating within South Carolina.
To ensure transparency and accountability in charitable fundraising.
To investigate complaints against charities and take enforcement actions if necessary.
To protect donors and the public from deceptive or fraudulent charitable practices.
III. Regulatory Functions (When Active)
Registration of Charities
Required charitable organizations soliciting funds to register with the Division.
Registration involved submitting financial statements, organizational information, and solicitation plans.
Disclosure Requirements
Charities had to provide accurate disclosures to donors about the use of funds.
Periodic reports were required to ensure ongoing compliance.
Investigations and Enforcement
The Division had authority to investigate allegations of misconduct or fraud.
It could refer cases for prosecution or impose administrative sanctions.
Public Access to Information
Maintained records and made information available to the public regarding registered charities.
IV. Legal Principles and Analogous Case Concepts
While the chapter is repealed and no specific case law is cited here, several foundational legal principles relate to charitable regulation:
Case Concept 1: State Oversight of Charitable Organizations
Principle: States have an interest in regulating charities to protect the public from fraud.
Registration and reporting requirements serve as tools for transparency.
Case Concept 2: Accountability and Fiduciary Duty
Charitable organizations owe a fiduciary duty to donors and beneficiaries to use funds as promised.
State regulation helps enforce this duty through oversight and penalties.
Case Concept 3: Due Process in Enforcement
Organizations subject to investigation and sanction are entitled to notice and an opportunity to respond.
Fair procedures prevent arbitrary enforcement.
Case Concept 4: First Amendment Considerations
Regulation of charitable solicitations intersects with free speech rights.
Regulations must be narrowly tailored to serve a compelling state interest without undue burden.
V. Reason for Repeal and Current Status
The repeal suggests that regulatory functions may have been transferred or consolidated under other agencies or statutes.
It reflects a shift in how charitable oversight is managed, possibly to improve efficiency or adapt to legal changes.
VI. Importance (Historical Context)
Provided a framework to promote trust in charitable giving in South Carolina.
Helped prevent abuse and maintain public confidence in nonprofit organizations.
Its repeal marks a transition to updated regulatory mechanisms.
Summary Table
| Area | Description |
|---|---|
| Registration | Requirement for charities to register before solicitation |
| Disclosure | Reporting and transparency obligations |
| Enforcement | Investigation and sanctioning of fraudulent conduct |
| Public Access | Availability of charity information to the public |
| Due Process | Fair notice and hearing rights in enforcement actions |
RELATED Blog
0 comments