2023 New York Laws › EXC - Executive › Article 7-A - Solicitation and Collection of Funds for Charitable Purposes › 172-B - Reports by Registered Charitable Organizations; Registration to Be Cancelled for Failure to File.

§ 172-b. Reports  by registered charitable organizations; registration
to be cancelled for failure to file.  1. Every  charitable  organization
registered  or required to be registered pursuant to section one hundred
seventy-two of this article which shall receive in any fiscal year gross
revenue and support in excess of one million dollars shall file with the
attorney general an annual written financial report, on forms prescribed
by the attorney general, on or before the fifteenth  day  of  the  fifth
calendar month after the close of such fiscal year. The annual financial
report  shall  be  accompanied  by  an  annual financial statement which
includes an  independent  certified  public  accountant's  audit  report
containing an opinion that the financial statements are presented fairly
in  all  material  respects  and  in  conformity with generally accepted
accounting principles, including compliance with all  pronouncements  of
the  financial  accounting standards board and the American Institute of
Certified  Public  Accountants  that  establish  accounting   principles
relevant  to  not-for-profit  organizations. Such financial report shall
include a statement of any changes in the  information  required  to  be
contained in the registration form filed on behalf of such organization.
The  financial  report  shall  be  signed  by  the  president  or  other
authorized officer and the chief fiscal officer of the organization  who
shall  certify  under  penalties for perjury that the statements therein
are true and correct to the  best  of  their  knowledge,  and  shall  be
accompanied  by  an  opinion  signed by an independent public accountant
that the financial statement and balance sheet  therein  present  fairly
the  financial  operations  and  position  of the organization. A fee of
twenty-five dollars payable to the attorney general shall accompany such
financial report at the time of filing, provided however, that any  such
organization  that  is  registered with the attorney general pursuant to
article eight of the estates, powers and trusts law is required to  file
only  one annual financial report which meets the filing requirements of
this article and section 8-1.4 of the estates, powers and trusts law.
2.  Every  charitable  organization  registered  or  required  to   be
registered  pursuant  to section one hundred seventy-two of this article
which shall receive in gross revenue and support in any fiscal  year  at
least  two  hundred fifty thousand dollars but not more than one million
dollars shall file an annual  financial  report.  The  annual  financial
report  shall  be  accompanied  by  an  annual financial statement which
includes an independent certified public accountant's review  report  in
accordance  with  "statements  on  standards  for  accounting and review
services"  issued  by  the  American  Institute  of   Certified   Public
Accountants.  The  annual  financial  statement  shall  be  prepared  in
conformity with  generally  accepted  accounting  principles,  including
compliance with all pronouncements of the financial accounting standards
board  and  the  American Institute of Certified Public Accountants that
establish   accounting    principles    relevant    to    not-for-profit
organizations.  Such  financial  report shall be filed with the attorney
general, upon forms prescribed by the  attorney  general  on  an  annual
basis  on  or before the fifteenth day of the fifth calendar month after
the close of such fiscal year, which shall include  a  financial  report
covering  such  fiscal  year in accordance with such requirements as the
attorney general may prescribe. Such financial report  shall  include  a
statement  of any changes in the information required to be contained in
the  registration  form  filed  on  behalf  of  such  organization.  The
financial  report  shall  be signed by the president or other authorized
officer and the chief fiscal  officer  of  the  organization  who  shall
certify under penalties for perjury that the statements therein are true
and correct to the best of their knowledge. A fee of twenty-five dollars
payable to the attorney general shall accompany such financial report at

the  time  of filing, provided, however, that any such organization that
is registered with the attorney general pursuant to article eight of the
estates, powers and trusts law is  required  to  file  only  one  annual
financial report which meets the filing requirements of this article and
section 8-1.4 of the estates, powers and trusts law. Notwithstanding the
requirements of this section, if upon review of an independent certified
public  accountant's  review  report filed pursuant to this subdivision,
the attorney general determines that a  charitable  organization  should
obtain  an  independent certified public accountant's audit report, such
organization shall obtain and file with the attorney  general  an  audit
report  that  meets  the requirements of subdivision one of this section
within one hundred twenty days of the  attorney  general's  request  for
such report.
2-a.  Every  charitable  organization  registered  or  required  to be
registered pursuant to section one hundred seventy-two of  this  article
which  shall  receive  in  any  fiscal  year  of such organization gross
revenue and support not in excess of two hundred fifty thousand  dollars
shall  file  with  the attorney general an unaudited financial report on
forms prescribed by the attorney general, on or before the fifteenth day
of the fifth calendar month after the close of such  fiscal  year.  Such
financial  report  shall  include  a  statement  of  any  changes in the
information required to be contained in the registration form  filed  on
behalf of such organization. The financial report shall be signed by the
president  or  other  authorized officer and the chief fiscal officer of
the organization who shall certify under penalties for perjury that  the
statements  therein are true and correct to the best of their knowledge.
A fee of twenty-five dollars  payable  to  the  attorney  general  shall
accompany  such  financial  report  at  the  time  of  filing. Provided,
however, that any such organization that is registered with the attorney
general pursuant to article eight of the estates, powers and trusts  law
is  required  to  file  only one annual financial report which meets the
filing requirements of this article and section 8-1.4  of  the  estates,
powers and trusts law.
3.  For  any  fiscal  year  of any organization registered pursuant to
section  one  hundred  seventy-two  of  this  article  in   which   such
organization  would  have  been  exempt  from  registration  pursuant to
section one hundred seventy-two of this article if it had  not  been  so
registered,  or  in  which  it did not solicit or receive contributions,
such organization shall file, instead of the financial reports  required
by subdivision one, two or two-a of this section, a report, signed under
penalties  for  perjury by the president or other authorized officer and
the chief fiscal officer, in the form prescribed by the attorney general
stating the nature of the exemption and the facts upon which it is based
or that such organization did not solicit or  receive  contributions  in
such fiscal year. The report shall include a statement of any changes in
the  information required to be contained in the registration form filed
on behalf of such organization and may include a  notice,  signed  under
penalties for perjury by the president or other authorized officer, on a
form  prescribed  by  the  attorney  general,  that  such organization's
registration is being withdrawn.
4. (a) Upon prior written authorization by the  attorney  general  any
charitable  organization  registered  pursuant  to  section  one hundred
seventy-two of this article, which is the parent organization of one  or
more  affiliates  thereof,  and  such  affiliates,  may  comply with the
reporting requirements of subdivision one, two, two-a or three  of  this
section, by filing a combined written annual financial report upon forms
prescribed by the attorney general.
(b) As used in this subdivision the term "affiliate" shall include any
chapter,  branch, auxiliary, or other subordinate unit of any registered
charitable organization,  howsoever  designated,  whose  policies,  fund
raising  activities,  and  expenditures  are supervised or controlled by
such parent organization.
(c) There shall be appended to each combined annual financial report a
schedule,  containing  such  information  as  may  be  prescribed by the
attorney general, reflecting the activities  of  each  affiliate,  which
shall  contain  a  statement  signed under penalties for perjury, by the
president or other authorized officer certifying  that  the  information
contained therein is true.
(d)  The  failure  of  a parent organization to file a combined annual
financial written report shall not excuse either the parent organization
or its affiliates from complying with the provisions of subdivision one,
two, two-a or three of this section.
(e)  A  combined  annual  financial  report  filed  pursuant  to  this
subdivision shall be accompanied by a fee, paid to the attorney general,
of  twenty-five  dollars plus ten dollars for each organization included
in such annual financial report, but the aggregate fee shall not  exceed
five hundred dollars.
5.   The  attorney  general  shall  cancel  the  registration  of  any
organization which fails to comply with subdivision one, two,  two-a  or
three  of  this  section within the time therein prescribed, or fails to
furnish such additional information as  is  requested  by  the  attorney
general  within  the required time; except that the time may be extended
by the attorney general for a period not to exceed  one  hundred  eighty
days.  Notice  of such cancellation shall be mailed to the registrant at
least twenty days before the effective date thereof.
6. Every charitable organization registered or  required  to  register
pursuant  to  section one hundred seventy-two of this article shall keep
and maintain records, books and reports for at least three  years  after
the  end  of the period of registration to which they relate which shall
at all times be available for inspection, by the  attorney  general,  or
any  duly  authorized  representatives  at  the principal office of such
organization.
7. The attorney general may accept  a  copy  of  a  current  financial
report  previously  filed  by  a  charitable organization with any other
governmental agency in compliance with the provisions  of  this  article
provided that the report filed with such other governmental agency shall
be  substantially similar in content to the financial report required by
this section.
8. Any financial report filed by any charitable organization  required
to  be  registered  but  which has not previously registered pursuant to
this article or article eight of the estates, powers and trusts law must
be accompanied by all registration material required to be filed by this
article.
9. Any registered charitable organization that is required to  file  a
funding  disclosure report pursuant to section one hundred seventy-two-e
of this article,  and/or  a  financial  disclosure  report  pursuant  to
section one hundred seventy-two-f of this article for a reporting period
during  the  applicable  fiscal year shall also be required to file such
annual financial report, including all required forms  and  attachments,
with the department of state.