2023 New York Laws › EXC - Executive › Article 7-A - 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 charities registry on  the  attorney  general's
website,  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 include:
(a) 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; and
(b) a statement identifying the website and telephone  number  of  the
New  York  state  office of the attorney general where an individual can
receive information on charitable organizations.
(c) 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; and
(c) a statement identifying the website and telephone  number  of  the
office   of  the  attorney  general  where  an  individual  can  receive
information on charitable organizations.
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.