S.L. 492.3 Art. 15Trading activities.

(1) Sales of donated magazines and, or books, the proceeds of which or part thereof is intended for donation to a particular voluntary organisation, or sales of donated magazines and, or books to the public on behalf of a particular voluntary organisation or group of voluntary organisations, the proceeds of which are intended for the same purpose, shall be subject to the following conditions:

(a) promoters of such donated magazines and, or books shall provide the Commissioner with details as regards their trading activities including a brief description of the policies which apply and the procedures followed during the sale of such magazines and, or books, as well as those applied and followed for the promotion and marketing of their editions;

(b) a written agreement shall be made between the promoter of the donated magazines and, or books prior to their publication and the voluntary organisation receiving donations, and a certified true copy of the agreement shall be endorsed by a lawyer and submitted to the Commissioner; and

(c) the percentage of the donation to be given to the voluntary organisation shall be clearly shown on the front page of the magazine or other published material, and shall be unequivocal, certain and clearly legible.

(2) The written agreement shall be signed by all the parties involved in the trading activity and shall include the following:

(a) the name and address of each party, the date, the duration of the agreement and the terms and conditions applicable to the agreement;

(b) in case of donations exceeding five thousand euro (€5,000) over a period of one financial year, the exact amount of the donation being offered and the source of the said donation, with special reference to donations offered in cash or in kind;

(c) the receipts for every donation received;

(d) a brief statement of the principal purpose and objectives of the donation and the methods being used for the donation;

(e) unless there is provided that payment is made directly to the voluntary organisation, a clause stating that the funds received shall be held on behalf of the voluntary organisation and shall be transferred to the voluntary organisation as soon as possible;

(f) that the promoter of the donated magazines and, or books acting on behalf of the voluntary organisation shall inform the public of the details of the voluntary organisation for which public collections are carried out and of the amount of money proceeding from the sales of the magazines and, or books which the voluntary organisation received; and

(g) any other information about the donated magazines and, or books and their promoters which is relevant and necessary and which relates to the voluntary organisation.