Legislation
SECTION 174-B
Solicitation
Executive (EXC) CHAPTER 18, ARTICLE 7-A
§ 174-b. Solicitation. 1. Any solicitation, by any means, including
but not limited to oral solicitation, by or on behalf of a registered
charitable organization which is required to file financial reports
pursuant to this article and has filed all such reports, shall include
therein a statement that upon request, a person may obtain from the
organization or from the charities registry on the attorney general's
website, a copy of the last financial report filed by the organization
with the attorney general. Such statement shall specify the address of
the organization and the address of the attorney general, to which such
request should be addressed and in the case of a written solicitation,
must be placed conspicuously in the material with print no smaller than
ten point bold face type or, alternatively, no smaller than the size
print used for the most number of words in the statements. Provided,
however, such statement need not be made where the space for a printed
advertisement or promotional time in any media has been donated or made
available to the charitable organization at no cost and such space or
time does not reasonably permit inclusion of such statement.
2. Any solicitation used by or on behalf of any charitable
organization shall include:
(a) a clear description of the programs and activities for which it
has requested and has expended or will expend contributions or shall
include therein a statement that, upon request, a person may obtain from
the organization such a description; and
(b) a statement identifying the website and telephone number of the
New York state office of the attorney general where an individual can
receive information on charitable organizations.
(c) If the solicitation is by an institution subject to article five-A
of the not-for-profit corporation law, and is for an endowment fund, the
solicitation must include a statement that, unless otherwise restricted
by the gift instrument pursuant to paragraph (b) of section five hundred
fifty-three of the not-for-profit corporation law, the institution may
expend so much of an endowment fund as it deems prudent after
considering the factors set forth in paragraph (a) of section five
hundred fifty-three of the not-for-profit corporation law.
3. In addition to any other disclosure required by law, any
solicitation by any means by a professional fund raiser or professional
solicitor on behalf of a charitable organization required to be
registered pursuant to this article shall clearly and unambiguously
disclose:
(a) the name of the professional fund raiser as on file with the
attorney general and that the solicitation is being conducted by a
professional fund raiser;
(b) the name of the individual professional solicitor as on file with
the attorney general and that the individual is receiving compensation
for conducting the solicitation; and
(c) a statement identifying the website and telephone number of the
office of the attorney general where an individual can receive
information on charitable organizations.
4. If any charitable organization makes contributions to another
organization which is not its affiliate as defined by paragraph (b) of
subdivision four of section one hundred seventy-two-b of this article,
such solicitation shall include a statement that such contributions have
been made and that a list of all organizations which have received
contributions during the past twelve months from the soliciting
organization may be obtained from that organization provided, however, a
united way, federated fund or incorporated community appeal, by or
through which a donation is merely transferred to a charity selected by
the donor, need not include such donor selected organizations in the
list.
5. A charitable organization shall comply with all requests made
pursuant to subdivisions two and four of this section within fifteen
days of their receipt. In the event that a charitable organization
required to register pursuant to this article has not previously been
required to file an annual report with the attorney general, the
solicitation shall state the date when such report will be filed.
Provided, however, that no additional solicitation shall be permitted by
charitable organizations until an annual report is filed, if the report
is delayed beyond one year.
but not limited to oral solicitation, by or on behalf of a registered
charitable organization which is required to file financial reports
pursuant to this article and has filed all such reports, shall include
therein a statement that upon request, a person may obtain from the
organization or from the charities registry on the attorney general's
website, a copy of the last financial report filed by the organization
with the attorney general. Such statement shall specify the address of
the organization and the address of the attorney general, to which such
request should be addressed and in the case of a written solicitation,
must be placed conspicuously in the material with print no smaller than
ten point bold face type or, alternatively, no smaller than the size
print used for the most number of words in the statements. Provided,
however, such statement need not be made where the space for a printed
advertisement or promotional time in any media has been donated or made
available to the charitable organization at no cost and such space or
time does not reasonably permit inclusion of such statement.
2. Any solicitation used by or on behalf of any charitable
organization shall include:
(a) a clear description of the programs and activities for which it
has requested and has expended or will expend contributions or shall
include therein a statement that, upon request, a person may obtain from
the organization such a description; and
(b) a statement identifying the website and telephone number of the
New York state office of the attorney general where an individual can
receive information on charitable organizations.
(c) If the solicitation is by an institution subject to article five-A
of the not-for-profit corporation law, and is for an endowment fund, the
solicitation must include a statement that, unless otherwise restricted
by the gift instrument pursuant to paragraph (b) of section five hundred
fifty-three of the not-for-profit corporation law, the institution may
expend so much of an endowment fund as it deems prudent after
considering the factors set forth in paragraph (a) of section five
hundred fifty-three of the not-for-profit corporation law.
3. In addition to any other disclosure required by law, any
solicitation by any means by a professional fund raiser or professional
solicitor on behalf of a charitable organization required to be
registered pursuant to this article shall clearly and unambiguously
disclose:
(a) the name of the professional fund raiser as on file with the
attorney general and that the solicitation is being conducted by a
professional fund raiser;
(b) the name of the individual professional solicitor as on file with
the attorney general and that the individual is receiving compensation
for conducting the solicitation; and
(c) a statement identifying the website and telephone number of the
office of the attorney general where an individual can receive
information on charitable organizations.
4. If any charitable organization makes contributions to another
organization which is not its affiliate as defined by paragraph (b) of
subdivision four of section one hundred seventy-two-b of this article,
such solicitation shall include a statement that such contributions have
been made and that a list of all organizations which have received
contributions during the past twelve months from the soliciting
organization may be obtained from that organization provided, however, a
united way, federated fund or incorporated community appeal, by or
through which a donation is merely transferred to a charity selected by
the donor, need not include such donor selected organizations in the
list.
5. A charitable organization shall comply with all requests made
pursuant to subdivisions two and four of this section within fifteen
days of their receipt. In the event that a charitable organization
required to register pursuant to this article has not previously been
required to file an annual report with the attorney general, the
solicitation shall state the date when such report will be filed.
Provided, however, that no additional solicitation shall be permitted by
charitable organizations until an annual report is filed, if the report
is delayed beyond one year.