NY Exec L § 173-A (2021)
2021 New York Laws EXC - Executive Article 7-A - Solicitation and Collection of Funds for Charitable Purposes 173-A - Contracts of Professional Fund Raisers, Fund Raising Counsel and Commercial Co-Venturers; Closing Statements; Final Accountings.

§ 173-a. Contracts  of professional fund raisers, fund raising counsel   and commercial co-venturers; closing statements; final  accountings.  1.   No  person shall act as a professional fund raiser, fund raising counsel   or commercial co-venturer before he has  a  written  contract  with  the   charitable organization or other person benefitting from his services. A   professional  fund  raiser or fund raising counsel shall within ten days   after its execution by  the  parties  thereto  file  with  the  attorney   general  a  copy of each contract entered into between such professional   fund raiser or  fund  raising  counsel  and  a  charitable  organization   required  to  be  registered  pursuant  to this article, certified under   penalties for perjury by said professional fund raiser or  fund  raising   counsel  to  be  a  true  and  correct  copy  of such contract. When the   services  to  be  performed  under  such  contracts  include  the   oral   solicitation  of funds from the public, such oral presentations shall be   deemed to be part of the contract and shall  be  reduced  to  a  writing   which  in the case of a professional fund raiser shall be filed with the   attorney general by the registrant at the time such contracts are filed.   If there is any change in  the  presentation  filed  with  the  attorney   general,  the  registrant  shall  notify the attorney general in writing   within five days of such change. No services shall  be  performed  under   such  a  contract until the professional fund-raiser shall have received   an acknowledgement from the attorney general of the receipt of a copy of   such contract or such contract shall have been on file with the attorney   general for at least  fifteen  days,  whichever  is  shorter.  Provided,   however,  that  no services shall be performed pursuant to such contract   if, within fifteen days of filing, the attorney general has notified the   professional fund raiser or fund  raising  counsel  and  the  charitable   organization of any deficiencies in the contract and/or the registration   and filing under this article. True and correct copies of such contracts   shall  be kept on file in the offices of the charitable organization and   the  professional  fund  raiser,  fund  raising  counsel  or  commercial   co-venturer during the term thereof and until the expiration of a period   of  three years subsequent to the date the solicitation of contributions   provided for therein actually terminates. Within ninety days  after  the   termination  of  any  such  contract, the professional fund raiser shall   file with  the  attorney  general  a  closing  statement,  signed  under   penalties for perjury by all parties to the contract on forms prescribed   by  the  attorney  general. Such statement shall disclose gross revenue,   all expenditures incurred in the performance of the  contract,  and  all   funds  paid to the professional fund raiser and charitable organization.   In the event that a contract term is longer than a one year period,  the   professional  fund  raiser  shall  file  an  interim statement, at least   annually. No person shall act as a sub-contractor on behalf  of  another   professional fund raiser prior to obtaining a written contract with such   professional  fund  raiser and written consent from the charity on whose   behalf fundraising activities are  to  be  conducted  pursuant  to  such   contract,  and  such  written  consent  shall have been attached to such   contract and filed with the attorney general pursuant to subdivision one   of  this  section.  Willful  violation  of  this  section  shall  be   a   misdemeanor.2.  Every contract between a professional fund raiser and a charitable   organization shall contain or shall be deemed  to  contain  a  provision   that  within five days of receipt by the professional fund raiser or any   other person the gross revenue received from any solicitation  shall  be   deposited in a bank account under the exclusive control of the charity.3.  Within  ninety  days  after  the  termination of a sales promotion   advertised  to  benefit  a   charitable   organization,   a   commercial   co-venturer  shall  provide such organization with an accounting stating    the number of items sold, the dollar amount of each sale and the  amount   paid or to be paid to the charitable organization. In the event that any   such  sales  promotion  is longer than a one year period, the commercial   co-venturer  shall  provide  the charitable organization with an interim   report, at least annually.4. A charitable organization which  enters  into  a  contract  with  a   commercial  co-venturer shall file with the attorney general on the date   that the next  financial  report  is  due  to  be  filed  the  following   information on forms prescribed by the attorney general and signed under   penalties  for  perjury  by  an  officer:  (a)  a  list of the names and   addresses of all commercial co-venturers authorized  by  the  charitable   organization  to  use its name during the year covered by that financial   report and, if known, during the year following the year covered by  the   financial  report,  (b)  a  statement  of  the  financial  terms and any   conditions of each co-venture contract, and (c) a statement whether each   commercial co-venturer has provided the charitable organization with  an   accounting as prescribed by subdivision three of this section.