Current through Chapter 381 of the 2024 Legislative Session
Section 14-C:4-e - [Effective 1/1/2025] Facts and Circumstances Tending to Show No Substantial InfluenceFacts and circumstances tending to show that a person does not have substantial influence over the affairs of an organization include, but are not limited to, the following:
I. The person has taken a bona fide vow of poverty as an employee, agent, or on behalf, of a religious organization;II. The person is a contractor (such as an attorney, accountant, or investment manager or advisor) whose sole relationship to the organization is providing professional advice (without having decision-making authority or a title of authority within the organization) with respect to transactions from which the contractor will not economically benefit either directly or indirectly (aside from customary fees received for the professional advice rendered);III. The direct supervisor of the individual does not hold a position to exercise substantial influence over the affairs of the non-governmental organization, business, or person;IV. The person does not engage in any management decisions affecting the organization as a whole or a discrete segment or activity of the organization that represents a substantial portion of the activities, assets, income, or expenses of the non-governmental organization, business, or person, as compared to the organization as a whole; orV. Any preferential treatment a person receives based on the size of that person's contribution is also offered to all other donors making a comparable contribution as part of a solicitation intended to attract a substantial number of contributions.Added by 2024, 340:3, eff. 1/1/2025.