2013 New York Consolidated Laws
EXC - Executive
Article 7-A - (171-A - 177) SOLICITATION AND COLLECTION OF FUNDS FOR CHARITABLE PURPOSES
174-B - Solicitation.

 
    §  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 attorney general, 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 provide 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.  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.
    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.