N.Y. EXC Law § 171-A — New York Code / Act EXC / Article 7-A / Section 171-A
Definitions
Status: in_force

§ 171-a. Definitions. The following words and phrases as used in this\narticle shall have the following meanings unless a different meaning is\nrequired by the context. 1. "Charitable organizations." Any benevolent,\nphilanthropic, patriotic, or eleemosynary person or one purporting to be\nsuch or law enforcement support organization as defined in subdivision\neleven of this section.\n  2. "Contribution." The promise or grant of any money or property of\nany kind or value, whether or not in combination with the sale of goods,\nservices, entertainment or any other thing of value, including a grant\nor other financial assistance from any agency of government, except\npayments by members of any organization for membership, for services or\nother benefit, other than the right to vote for directors or trustees,\nelect officers, or hold offices.\n  3. "Person." Any individual, organization, group, association,\npartnership, corporation, or any combination of them.\n  4. "Professional fund raiser." Any person who directly or indirectly,\nby contract, including but not limited to sub-contract, letter or other\nagreement or other engagement on any basis, for compensation or other\nconsideration (a) plans, manages, conducts, carries on, or assists in\nconnection with a charitable solicitation or who employs or otherwise\nengages on any basis another person to solicit from persons in this\nstate for or on behalf of any charitable organization or any other\nperson, or who engages in the business of, or holds himself out to\npersons in this state as independently engaged in the business of\nsoliciting for such purpose; (b) solicits on behalf of a charitable\norganization or any other person; or (c) who advertises that the\npurchase or use of goods, services, entertainment or any other thing of\nvalue will benefit a charitable organization but is not a commercial\nco-venturer. A bona fide director, trustee, officer, volunteer or\nemployee of a charitable organization or fund raising counsel shall not\nbe deemed a professional fund raiser.\n  5. "Professional solicitor." Any person who is employed or retained\nfor compensation by a professional fund raiser to solicit contributions\nfor charitable purposes or for the purposes of any law enforcement\nsupport organization from persons in this state.\n  6. "Commercial co-venturer." Any person who for profit is regularly\nand primarily engaged in trade or commerce other than in connection with\nthe raising of funds or any other thing of value for a charitable\norganization and who advertises that the purchase or use of goods,\nservices, entertainment, or any other thing of value will benefit a\ncharitable organization.\n  7. "Secretary." The secretary of state.\n  8. "Membership." The collective body of any charitable organization\ncomprised of persons having voting rights and other powers of\ngovernance.\n  9. "Fund raising counsel." Any person who for compensation consults\nwith a charitable organization or who plans, manages, advises, or\nassists with respect to the solicitation in this state of contributions\nfor or on behalf of a charitable organization, but who does not have\naccess to contributions or other receipts from a solicitation or\nauthority to pay expenses associated with a solicitation and who does\nnot solicit. A bona fide officer, volunteer, or employee of a charitable\norganization or an attorney at law retained by a charitable organization\nor an individual engaged solely to draft applications for funding from a\ngovernmental agency or an entity exempt from taxation pursuant to\nsection 501(c)(3) of the internal revenue code, shall not be deemed a\nfund raising counsel.\n  10. "Solicit." To directly or indirectly make a request for a\ncontribution, whether express or implied, through any medium. A\n"solicitation" shall be deemed to have taken place whether or not a\ncontribution is made. For purposes of this article, a "solicitation" or\na "solicitation of contributions" includes any advertising which\nrepresents that the purchase or use of goods, services, entertainment or\nany other thing of value will benefit a charitable organization.\nProvided, however, that the printing and the mailing of a written\nsolicitation for funds or any other thing of value to benefit a\ncharitable organization shall not alone constitute soliciting on the\npart of persons who printed and mailed such solicitation if such persons\ndo not otherwise solicit, receive or have access to contributions.\n  11. "Law enforcement support organization." Any organization,\nassociation, union or conference of or purporting to be of current or\nformer law enforcement officers, including, without limitation, peace\nofficers and police officers as defined in subdivisions thirty-three and\nthirty-four of section 1.20 of the criminal procedure law, sheriffs,\ndeputy sheriffs, detectives, investigators or constables or any\nauxiliary or affiliate of such an organization, association, union or\nconference composed of one or more such organizations.\n  12. "Attorney general". The attorney general of the state of New York.\n