2012 New York Consolidated Laws
EXC - Executive
Article 7-A - (171-A - 177) SOLICITATION AND COLLECTION OF FUNDS FOR CHARITABLE PURPOSES
172 - Registration of charitable organizations.

 
    §  172.  Registration of charitable organizations. 1. Every charitable
  organization, and any charitable organization registered or required  to
  be  registered  pursuant  to  article  eight  of the estates, powers and
  trusts  law,  except  as  otherwise  provided  in  section  one  hundred
  seventy-two-a  of  this  article, which intends to solicit contributions
  from persons in this state or from any governmental agency shall,  prior
  to  any  solicitation,  file  with  the  attorney  general  a prescribed
  registration form that includes, but is not limited  to,  the  following
  information:
    (a)  The name of the organization and the name or names under which it
  intends to solicit contributions.
    (b) The names and business, residence, or other addresses  where  each
  can  regularly  be  found  of  the  officers,  directors,  trustees, and
  executive personnel of the organization.
    (c) The addresses of the organization and the addresses of any offices
  in this state. If the organization does not maintain an office, the name
  and address of the person having custody of its financial records.
    (d) Where and when the organization was established, the form  of  its
  organization,  its  tax  exempt  status together with a copy of the most
  recent letter of exemption, if  any,  issued  by  the  internal  revenue
  service, the most recent communication from the internal revenue service
  regarding  any  audit  thereby, if any, and a copy of any certificate of
  incorporation, by-laws, amendments and  other  operative  organizational
  documents.
    (e)  A  clear  description of the specific programs stating whether in
  existence or planned for which the contributions to be solicited will be
  used.
    (f) The date on which the fiscal year of the organization ends.
    (g) Whether the organization is authorized by any  other  governmental
  authority  to solicit contributions and whether it or any of its present
  officers, directors, executive personnel or trustees are  or  have  ever
  been   fined   or   otherwise  penalized  or  enjoined  from  soliciting
  contributions or have been found to have engaged in  unlawful  practices
  regarding  solicitation of contributions or administration of charitable
  assets and whether its registration or license  has  been  suspended  or
  cancelled  by  any  court or other governmental agency together with the
  identity of such courts or governmental agencies  and  the  reasons  for
  such fine, penalty, injunction, suspension or cancellation.
    (h)  The  names  and  addresses of any professional fund raisers, fund
  raising counsels and commercial co-venturers  who  are  acting  or  have
  agreed to act on behalf of the organization.
    (i) A copy of its annual report, if any, for the immediately preceding
  fiscal  year  in accordance with the requirements of section one hundred
  seventy-two-b of this article.
    (j) The names and addresses of any chapters, branches,  affiliates  or
  organizations that share in the contributions or other revenue raised in
  this state.
    2.  The  registration form shall be signed under penalties for perjury
  by the president or  other  authorized  officer  and  the  chief  fiscal
  officer of the organization.
    3.   At   the  time  of  filing  such  registration,  each  charitable
  organization shall pay to the attorney  general  a  fee  of  twenty-five
  dollars.
    4.  Any charitable organization required to register with the attorney
  general pursuant to this article and  properly  registered  pursuant  to
  article  eight  of  the  estates,  powers  and  trusts  law that has not
  previously registered pursuant to this article shall not be required  to
  register  separately,  but  shall  file  with  the  attorney  general  a

  statement that it  is  registered  pursuant  to  article  eight  of  the
  estates,  powers  and trusts law. Such statement shall be accompanied by
  all additional documents required to complete registration  pursuant  to
  this  article,  including  any  additional financial filings required by
  this article.
    5. Registration pursuant to this article shall remain in effect unless
  it is either cancelled as provided in this  article,  withdrawn  by  the
  organization  or  the  organization  has  failed  to  file  the required
  financial report and such failure has  not  been  remedied  pursuant  to
  subdivision seven of this section.
    6.  Every registered organization shall file with the attorney general
  within thirty days of any material change in the information required to
  be furnished by such organization under subdivision one of this  section
  a  prescribed  form  stating any such changes and signed under penalties
  for perjury  by  the  president  or  other  authorized  officer  of  the
  organization.
    7.  In  no  event shall a registration of a charitable organization to
  solicit contributions in New York pursuant to this article continue,  or
  be  continued,  in  effect  after the date such organization should have
  filed, but failed to file, a financial report  in  accordance  with  the
  requirements  of  section one hundred seventy-two-b of this article, and
  such organization shall not be  eligible  to  file  a  new  registration
  pursuant  to  this  article  until  it  shall  have  filed  the required
  financial report or reports with  the  attorney  general.  If  any  such
  report  is  subsequently  filed  such  organization  shall  file  a  new
  registration  pursuant  to  this  article,  upon  the   payment   of   a
  re-registration  fee  of  one  hundred  fifty  dollars  to  the attorney
  general.
    8. Forms, financial reports, professional fund raisers' contracts, and
  other documents required to be filed pursuant  to  this  article  become
  public records of the attorney general.
    9.  No charitable organization, professional fund raiser, fund raising
  counsel or commercial co-venturer shall use or exploit the fact  of  its
  registration  or  the  registration  of  any other registrant under this
  article or article eight of the estates, powers and trusts law so as  to
  lead  the  public to believe that registration in any manner constitutes
  an endorsement or approval by the state.
    10. To the extent practicable, the attorney general  shall  develop  a
  single  registration  and  uniform set of reporting forms to be filed in
  accordance with the  requirements  of  this  subdivision  and  those  of
  section  8-1.4  of the estates, powers and trusts law. These forms shall
  avoid duplication with and make maximum use of information  required  in
  federal reporting forms filed with the attorney general.