Examples: Working with others

Current code rules

Contracts and agreements

• 7.2.1 You must have a written agreement in place with any paid third-party fundraiser or commercial partner you work with to fundraise. In England, Wales and Scotland, you mustdo this if the paid third-party fundraiser or commercial partner you work with falls within the legal definition of a ‘professional fundraiser’ or ‘commercial participator’.
• 7.2.2 Regulations on contracts can differ between England and Wales, Scotland, and Northern Ireland. You must meet the relevant regulations in each area.
• 7.2.4 You must have review procedures in the agreement. You must consider the third-party fundraiser’s performance at these reviews and decide whether further action is appropriate (such as reviewing the agreement or activating any penalty clauses that may be part of the agreement). In England and Wales, you must meet this standard.
• 7.2.10 If a third-party fundraiser falls within the definition of ‘professional fundraiser’, the agreement must include details of the solicitation statement they need to give and the fees and expenses which the professional fundraiser will be paid.
• 7.2.11 Agreements with third-party fundraisers must include clear and realistic expectations of the activities to be carried out, the budget, resources, timings and the possible outcomes.
• 7.2.12 You must agree all procedures with professional fundraisers before the fundraising takes place, including procedures for processing donors’ details and producing and using fundraising materials.
• 7.2.13 You must make sure it is clear who owns the copyright of all materials and databases connected with the fundraising activity, before carrying out the activity.
• 7.2.14 You must give professional fundraisers the information they need about your charitable institution’s aims, and clear guidelines about their behaviour and the different tax reliefs that apply.
• 7.6.2 The written agreement between you and the third-party fundraiser must include terms defining what is considered confidential information.

Indicative change to code rules

Contracts and agreements

• Rule A.A.A: You must have a written agreement in place with any paid third-party fundraiser or commercial partner you work with to fundraise.

In England, Wales and Scotland, you are legally required to do this if the paid third-party fundraiser or commercial partner you work with falls within the legal definition of a ‘professional fundraiser’ or ‘commercial participator’.

• Rule A.A.B: You must have review procedures in these written agreements. You must consider the third-party fundraiser’s performance at these reviews and decide whether further action is appropriate.

In England and Wales, you are legally required to have these review procedures in your agreements.

• Rule A.A.C: All agreements with third-party fundraisers must outline:
  • clear and realistic expectations of the activities to be carried out, the budget, resources, timings and the possible outcomes;
  • who owns the copyright of all materials and databases connected with the fundraising activity; and 
  • what is considered confidential information.
• Rule A.A.D: If a third-party fundraiser falls within the definition of a ‘professional fundraiser’, these agreements must also include: 
  • procedures for processing donors’ details and producing and using fundraising materials
  • the information they need about your charitable institution’s aims, and clear guidelines about their behaviour and the different tax reliefs that apply; and 
  • details of the solicitation statement they need to give and the fees and expenses which the professional fundraiser will be paid. 

Regulations on contracts can differ between England and Wales, Scotland, and Northern Ireland. You are required to meet the relevant regulations in each area.

For more information about solicitation statements, see section 2.6. on Solicitation statements for paid employees, officers and trustees of charitable institutions and connected companies.