2012 New York Consolidated Laws
EXC - Executive
Article 7-A - (171-A - 177) SOLICITATION AND COLLECTION OF FUNDS FOR CHARITABLE PURPOSES
172-B - Reports by registered charitable organizations; registration to be cancelled for failure to file.

 
    § 172-b. Reports  by registered charitable organizations; registration
  to be cancelled for failure to file. 1.  Every  charitable  organization
  registered  or required to be registered pursuant to section one hundred
  seventy-two of this article which shall receive in any fiscal year gross
  revenue and support in excess of two hundred fifty thousand dollars  and
  every  charitable  organization  whose  fund-raising  functions  are not
  carried on solely by persons who are unpaid for such services shall file
  with the attorney general an annual written financial report,  on  forms
  prescribed  by  the  attorney general, on or before the fifteenth day of
  the fifth calendar month after the close of such fiscal year. The annual
  financial report shall be accompanied by an annual  financial  statement
  which includes an independent certified public accountant's audit report
  containing an opinion that the financial statements are presented fairly
  in  all  material  respects  and  in  conformity with generally accepted
  accounting principles, including compliance with all  pronouncements  of
  the  financial  accounting standards board and the American Institute of
  Certified  Public  Accountants  that  establish  accounting   principles
  relevant  to  not-for-profit  organizations. Such financial report shall
  include a statement of any changes in the  information  required  to  be
  contained in the registration form filed on behalf of such organization.
  The  financial  report  shall  be  signed  by  the  president  or  other
  authorized officer and the chief fiscal officer of the organization  who
  shall  certify  under  penalties for perjury that the statements therein
  are true and correct to the  best  of  their  knowledge,  and  shall  be
  accompanied  by  an  opinion  signed by an independent public accountant
  that the financial statement and balance sheet  therein  present  fairly
  the  financial  operations  and  position  of the organization. A fee of
  twenty-five dollars payable to the attorney general shall accompany such
  financial report at the time of filing, provided however, that any  such
  organization  that  is  registered with the attorney general pursuant to
  article eight of the estates, powers and trusts law is required to  file
  only  one annual financial report which meets the filing requirements of
  this article and section 8-1.4 of the estates, powers and trusts law.
    2.  Every  charitable  organization  registered  or  required  to   be
  registered  pursuant  to section one hundred seventy-two of this article
  which shall receive in gross revenue and support in any fiscal  year  at
  least  one  hundred thousand dollars but not more than two hundred fifty
  thousand dollars shall file  an  annual  financial  report.  The  annual
  financial  report  shall be accompanied by an annual financial statement
  which includes  an  independent  certified  public  accountant's  review
  report  in  accordance  with "statements on standards for accounting and
  review services" issued by the American Institute  of  Certified  Public
  Accountants.  The  annual  financial  statement  shall  be  prepared  in
  conformity with  generally  accepted  accounting  principles,  including
  compliance with all pronouncements of the financial accounting standards
  board  and  the  American Institute of Certified Public Accountants that
  establish   accounting    principles    relevant    to    not-for-profit
  organizations.  Such  financial  report shall be filed with the attorney
  general, upon forms prescribed by the  attorney  general  on  an  annual
  basis  on  or before the fifteenth day of the fifth calendar month after
  the close of such fiscal year, which shall include  a  financial  report
  covering  such  fiscal  year in accordance with such requirements as the
  attorney general may prescribe. Such financial report  shall  include  a
  statement  of any changes in the information required to be contained in
  the  registration  form  filed  on  behalf  of  such  organization.  The
  financial  report  shall  be signed by the president or other authorized
  officer and the chief fiscal  officer  of  the  organization  who  shall
  certify under penalties for perjury that the statements therein are true

  and correct to the best of their knowledge. A fee of ten dollars payable
  to  the  attorney  general  shall accompany such financial report at the
  time of filing, provided, however, that any such  organization  that  is
  registered  with  the  attorney general pursuant to article eight of the
  estates, powers and trusts law is  required  to  file  only  one  annual
  financial report which meets the filing requirements of this article and
  section 8-1.4 of the estates, powers and trusts law.
    2-a.  Every  charitable  organization  registered  or  required  to be
  registered pursuant to section one hundred seventy-two of  this  article
  which  shall  receive  in  any  fiscal  year  of such organization gross
  revenue and support not in excess of one hundred thousand dollars  shall
  file  with  the  attorney general an unaudited financial report on forms
  prescribed by the attorney general, on or before the  fifteenth  day  of
  the  fifth  calendar  month  after  the  close of such fiscal year. Such
  financial report shall  include  a  statement  of  any  changes  in  the
  information  required  to be contained in the registration form filed on
  behalf of such organization. The financial report shall be signed by the
  president or other authorized officer and the chief  fiscal  officer  of
  the  organization who shall certify under penalties for perjury that the
  statements therein are true and correct to the best of their  knowledge.
  A  fee  of  ten  dollars payable to the attorney general shall accompany
  such financial report at the time of filing. Provided, however, that any
  such organization that is registered with the attorney general  pursuant
  to  article  eight  of the estates, powers and trusts law is required to
  file  only  one  annual  financial  report  which   meets   the   filing
  requirements  of  this  article and section 8-1.4 of the estates, powers
  and trusts law.
    3. For any fiscal year of  any  organization  registered  pursuant  to
  section   one   hundred  seventy-two  of  this  article  in  which  such
  organization would  have  been  exempt  from  registration  pursuant  to
  section  one  hundred  seventy-two of this article if it had not been so
  registered, or in which it did not  solicit  or  receive  contributions,
  such  organization shall file, instead of the financial reports required
  by subdivision one, two or two-a of this section, a report, signed under
  penalties for perjury by the president or other authorized  officer  and
  the chief fiscal officer, in the form prescribed by the attorney general
  stating the nature of the exemption and the facts upon which it is based
  or  that  such  organization did not solicit or receive contributions in
  such fiscal year. The report shall include a statement of any changes in
  the information required to be contained in the registration form  filed
  on  behalf  of  such organization and may include a notice, signed under
  penalties for perjury by the president or other authorized officer, on a
  form prescribed  by  the  attorney  general,  that  such  organization's
  registration is being withdrawn.
    4.  (a)  Upon  prior written authorization by the attorney general any
  charitable organization  registered  pursuant  to  section  one  hundred
  seventy-two  of this article, which is the parent organization of one or
  more affiliates thereof,  and  such  affiliates,  may  comply  with  the
  reporting  requirements  of subdivision one, two, two-a or three of this
  section, by filing a combined written annual financial report upon forms
  prescribed by the attorney general.
    (b) As used in this subdivision the term "affiliate" shall include any
  chapter, branch, auxiliary, or other subordinate unit of any  registered
  charitable  organization,  howsoever  designated,  whose  policies, fund
  raising activities, and expenditures are  supervised  or  controlled  by
  such parent organization.
    (c) There shall be appended to each combined annual financial report a
  schedule,  containing  such  information  as  may  be  prescribed by the

  attorney general, reflecting the activities  of  each  affiliate,  which
  shall  contain  a  statement  signed under penalties for perjury, by the
  president or other authorized officer certifying  that  the  information
  contained therein is true.
    (d)  The  failure  of  a parent organization to file a combined annual
  financial written report shall not excuse either the parent organization
  or its affiliates from complying with the provisions of subdivision one,
  two, two-a or three of this section.
    (e)  A  combined  annual  financial  report  filed  pursuant  to  this
  subdivision shall be accompanied by a fee, paid to the attorney general,
  of  twenty-five  dollars plus ten dollars for each organization included
  in such annual financial report, but the aggregate fee shall not  exceed
  five hundred dollars.
    5.   The  attorney  general  shall  cancel  the  registration  of  any
  organization which fails to comply with subdivision one, two,  two-a  or
  three  of  this  section within the time therein prescribed, or fails to
  furnish such additional information as  is  requested  by  the  attorney
  general  within  the required time; except that the time may be extended
  by the attorney general for a period not to exceed  one  hundred  eighty
  days.  Notice  of such cancellation shall be mailed to the registrant at
  least twenty days before the effective date thereof.
    6. Every charitable organization registered or  required  to  register
  pursuant  to  section one hundred seventy-two of this article shall keep
  and maintain records, books and reports for at least three  years  after
  the  end  of the period of registration to which they relate which shall
  at all times be available for inspection, by the  attorney  general,  or
  any  duly  authorized  representatives  at  the principal office of such
  organization.
    7. The attorney general may accept  a  copy  of  a  current  financial
  report  previously  filed  by  a  charitable organization with any other
  governmental agency in compliance with the provisions  of  this  article
  provided that the report filed with such other governmental agency shall
  be  substantially similar in content to the financial report required by
  this section.
    8. Any financial report filed by any charitable organization  required
  to  be  registered  but  which has not previously registered pursuant to
  this article or article eight of the estates, powers and trusts law must
  be accompanied by all registration material required to be filed by this
  article.