On July 19, 2018, it was announced that Operation Troop Aid (“OTA”) entered into a settlement with multiple states, including California, Delaware, New York, Pennsylvania, Virginia and Washington, for participating in an unlawful charitable commercial co-venture with Harris Originals of NY, Inc. (“Harris Jewelry”) a nationwide jewelry retailer for military personnel. In its simplest form,

For companies that are frustrated by the burdensome commercial co-venture (CCV) licensing and registration requirements of some states, Maine has just provided a little relief. Maine has repealed its CCV licensing requirements, effective as of October 8, 2013. This means that a CCV in Maine will no longer have to be licensed in the state. Under Maine law, a commercial co-venturer is any “person or entity who, for profit, is regularly and primarily engaged in trade or commerce in [Maine], other than in connection with the raising of funds for charitable organizations or purposes, and who conducts a sale, performance, event or collection and sale of donated goods that is advertised in conjunction with the name of any charitable organization.” Currently, Maine’s CCV statute requires CCVs to pay a $250 license and application fee, post a $25,000 surety bond, and file a copy of the contract with the charity and an annual fundraising activity report.
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