§ 174-B — Solicitation

New York § 174-B

• Jurisdiction: New York
• Law EXC: Executive
• Art. 7-A: Solicitation and Collection of Funds For Charitable Purposes

Text

§ 174-b. Solicitation. 1. Any solicitation, by any means, including\nbut not limited to oral solicitation, by or on behalf of a registered\ncharitable organization which is required to file financial reports\npursuant to this article and has filed all such reports, shall include\ntherein a statement that upon request, a person may obtain from the\norganization or from the charities registry on the attorney general's\nwebsite, a copy of the last financial report filed by the organization\nwith the attorney general. Such statement shall specify the address of\nthe organization and the address of the attorney general, to which such\nrequest should be addressed and in the case of a written solicitation,\nmust be placed conspicuously in the material with print no smaller than\nten point bold face type or, alternatively, no smaller than the size\nprint used for the most number of words in the statements. Provided,\nhowever, such statement need not be made where the space for a printed\nadvertisement or promotional time in any media has been donated or made\navailable to the charitable organization at no cost and such space or\ntime does not reasonably permit inclusion of such statement.\n 2. Any solicitation used by or on behalf of any charitable\norganization shall include:\n (a) a clear description of the programs and activities for which it\nhas requested and has expended or will expend contributions or shall\ninclude therein a statement that, upon request, a person may obtain from\nthe organization such a description; and\n (b) a statement identifying the website and telephone number of the\nNew York state office of the attorney general where an individual can\nreceive information on charitable organizations.\n (c) If the solicitation is by an institution subject to article five-A\nof the not-for-profit corporation law, and is for an endowment fund, the\nsolicitation must include a statement that, unless otherwise restricted\nby the gift instrument pursuant to paragraph (b) of section five hundred\nfifty-three of the not-for-profit corporation law, the institution may\nexpend so much of an endowment fund as it deems prudent after\nconsidering the factors set forth in paragraph (a) of section five\nhundred fifty-three of the not-for-profit corporation law.\n 3. In addition to any other disclosure required by law, any\nsolicitation by any means by a professional fund raiser or professional\nsolicitor on behalf of a charitable organization required to be\nregistered pursuant to this article shall clearly and unambiguously\ndisclose:\n (a) the name of the professional fund raiser as on file with the\nattorney general and that the solicitation is being conducted by a\nprofessional fund raiser;\n (b) the name of the individual professional solicitor as on file with\nthe attorney general and that the individual is receiving compensation\nfor conducting the solicitation; and\n (c) a statement identifying the website and telephone number of the\noffice of the attorney general where an individual can receive\ninformation on charitable organizations.\n 4. If any charitable organization makes contributions to another\norganization which is not its affiliate as defined by paragraph (b) of\nsubdivision four of section one hundred seventy-two-b of this article,\nsuch solicitation shall include a statement that such contributions have\nbeen made and that a list of all organizations which have received\ncontributions during the past twelve months from the soliciting\norganization may be obtained from that organization provided, however, a\nunited way, federated fund or incorporated community appeal, by or\nthrough which a donation is merely transferred to a charity selected by\nthe donor, need not include such donor selected organizations in the\nlist.\n 5. A charitable organization shall comply with all requests made\npursuant to subdivisions two and four of this section within fifteen\ndays of their receipt. In the event that a charitable organization\nrequired to register pursuant to this article has not previously been\nrequired to file an annual report with the attorney general, the\nsolicitation shall state the date when such report will be filed.\nProvided, however, that no additional solicitation shall be permitted by\ncharitable organizations until an annual report is filed, if the report\nis delayed beyond one year.\n