§ 172-d. Prohibited activity. Except as exempted pursuant to
subdivision one of section one hundred seventy-two-a of this article, in
addition to other violations of this article no person shall:

1. Make any material statement which is untrue in an application for
registration, registration statement, a claim of exemption, financial
report or any other forms or documents required to be filed or filed
pursuant to this article; or fail to disclose a material fact in an
application for registration, registration statement, claim of
exemption, financial report or any other forms or documents required to
be filed or filed pursuant to this article; or

2. Engage in any fraudulent or illegal act, device, scheme, artifice
to defraud or for obtaining money or property by means of a false
pretense, representation or promise, transaction or enterprise in
connection with any solicitation or with the registration, reporting and
disclosure provisions of this article. The term "fraud" or "fraudulent"
as used herein shall include those acts which may be characterized as
misleading or deceptive including but not limited to those acts covered
by the term "fraud" or "fraudulent" under subdivision twelve of section
sixty-three of this chapter. To establish fraud neither intent to
defraud nor injury need to be shown; or

3. Use or intend to use false or materially misleading advertising or
promotional material in connection with any solicitation; or

4. Fail to apply contributions in a manner substantially consistent
with the solicitation or the registration statement of the charitable
organization or the purposes expressed therein; or

5. Enter into any contract or agreement with or otherwise employ or
engage any professional fund raiser, fund raising counsel or
professional solicitor required to be registered pursuant to this
article unless such professional fund raiser, fund raising counsel or
professional solicitor has provided to such person a statement, signed
under penalties for perjury, that it is registered and in compliance
with all filing requirements of this article; or

6. Enter into any contract or agreement, employment or engagement to
raise funds or conduct any fund raising activities for any charitable
organization required to be registered pursuant to this article unless
such charitable organization is registered and in compliance with all
filing requirements of this article; or

7. Repeatedly and wilfully fail to file as required by this article
any fund-raising contract, closing statement or report or other form or
document; or

8. Fail to respond or comply within sixty days with any cease and
desist order of the attorney general; or

9. Represent in any manner that registration constitutes an
endorsement or approval by the state or the attorney general; or

10. Solicit for a charitable purpose or engage in any other fund
raising activities without being a registered charitable organization in
compliance with all filing requirements of this article, if required to
be registered, or having a written contract or agreement with a
charitable organization or registered charitable organization if
required to be registered, authorizing solicitation on its behalf; or

11. Continue soliciting on behalf of a charitable organization more
than fifteen days after the cancellation in accordance with subdivision
six of section one hundred seventy-four-a of this article; or

12. Act as or enter any contract or other agreement with a charitable
organization as a professional fund raiser, fund raising counsel, or
professional solicitor without having registered and being in compliance
with all filing and disclosure requirements of this article; or

13. Fail to maintain books and records as required by this article or
fail to produce to the attorney general any such books and records
within fifteen days of receiving, by certified mail, a request for such
books and records; or

14. Fail to discontinue solicitation immediately or to register
pursuant to this article within fifteen days after the attorney general
has given notice pursuant to subdivision two of section one hundred
seventy-five of this article of violation of subdivision one, two, or
three of section one hundred seventy-four of this article; or

15. Fail to provide a charitable organization with an accurate
accounting of a sale advertised for its benefit as prescribed by
subdivision three of section one hundred seventy-three-a of this
article; or

16. Knowingly use in the course of soliciting contributions for or on
behalf of a charitable organization a name, symbol, or other mark so
closely related or similar to that used by another established
charitable organization that the use thereof would tend to confuse or
mislead the public; or

17. Solicit contributions in a manner or with words which are coercive
as such term is defined pursuant to section 135.65 of the penal law; or

18. Vote or use personal influence as an officer or member of the
board of directors of a charitable organization, a majority of whose
members are professional fund raisers or their designees on matters on
which such officer or member has a financial or material conflicting
interest; or

19. Include in any solicitation a statement that the financial report
of a charitable organization or professional fund raiser is on file with
the attorney general unless the charitable organization or professional
fund raiser has complied with all filing requirements pursuant to this
article and article eight of the estates, powers and trusts law, to the
extent also applicable; or

20. Use in any solicitation a New York state address, including a New
York state return address unless:

(a) the charitable organization maintains and staffs an office at that
address; or

(b) immediately proximate to the New York address, both the address of
the charitable organization's actual headquarters and the fact that the
New York address is a "mail drop", using this or a substantially similar
term that clearly conveys the message that the New York address is that
of a mail handling facility; or

21. State or imply that a charitable organization conducts any
activities in New York and/or benefits New York state residents unless
it conducts such activities and/or provides such benefits.