2012 New York Consolidated Laws
EXC - Executive
Article 7-A - (171-A - 177) SOLICITATION AND COLLECTION OF FUNDS FOR CHARITABLE PURPOSES
173 - Professional fund-raisers, commercial co-venturers and fund raising counsel.

 
    § 173. Professional  fund-raisers,  commercial  co-venturers  and fund
  raising counsel.  1. Registration and bond required. No person shall act
  as a professional fund raiser or fund raising counsel  on  behalf  of  a
  charitable  organization  required  to  be  registered  pursuant to this
  article before registering  with  the  attorney  general  or  after  the
  expiration  or cancellation of such registration or any renewal thereof.
  Applications for registration and re-registration shall be  in  writing,
  under  oath, in the form prescribed by the attorney general and shall be
  accompanied by an annual fee in the sum  of  eight  hundred  dollars.  A
  professional  fund  raiser  shall at the time of filing each application
  for registration or re-registration, file with, and  have  approved  by,
  the  attorney  general  a  bond.  In  said  bond, the filer shall be the
  principal obligor, in the sum of ten thousand dollars, with one or  more
  sureties whose liability in the aggregate as such sureties will at least
  equal  the  said  sum. The bond which may be in the form of a rider to a
  larger blanket liability bond shall run to the attorney general for  the
  use  of  the  state  and  to  any  person who may have a cause of action
  against the obligor of said bond for any malfeasance or  misfeasance  in
  the  conduct  of such solicitation. Registration or re-registration when
  effected shall be for a period of one year, expiring one year  from  the
  date  of registration or re-registration and may be renewed upon written
  application, under penalties for perjury, in the form prescribed by  the
  attorney  general  and  the  filing  of  the bond and the fee prescribed
  herein  for  each  additional  one   year   period.   Applications   for
  registration and re-registration and bonds, when filed with the attorney
  general,  shall  become public records of the attorney general. If there
  is  any  material  change  in  the  information  provided  in  any  such
  application  for  registration  or  re-registration,  the  applicant  or
  registrant shall  notify  the  attorney  general,  under  penalties  for
  perjury, in writing within twenty days of such change.
    2.   Books   and  records.  A  professional  fund  raiser,  commercial
  co-venturer and fund raising counsel shall maintain accurate and current
  books and records of all  activities  conducted  pursuant  to  contracts
  required  under  section  one  hundred  seventy-three-a of this article;
  which, until at least three years shall have elapsed after  the  end  of
  the effective period of the contract to which they relate, shall be kept
  in  such person's office available for inspection and examination and/or
  audit by the charitable organization and/or attorney general or any duly
  authorized representative. Provided, however, that any  such  books  and
  records  obtained  by the attorney general shall not be available to the
  public  for  inspection.  A   professional   fund   raiser,   commercial
  co-venturer  and  fund  raising  counsel  shall,  within seven days of a
  request of any charitable organization with  which  it  has  contracted,
  provide copies of such records to the charitable organization.
    3. Violations. Any person who wilfully violates the provisions of this
  section is guilty of a misdemeanor.