New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter V - CHARITABLE USES AND PURPOSES › Part 93 - Fund Raising Professionals › Section 93.2 - Registration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When to
				register. Professional fund raisers, fund raising counsel and professional
				solicitors shall register with the Attorney General prior to engaging in any
				fund raising activities in the State of New York and/or solicitation of persons
				in New York State.
(b) Registration
				forms.
(1) Professional fund raisers.
				Professional fund raisers shall file with the Attorney General a professional
				fund raiser's registration form signed under penalties for perjury and all
				documents required to be annexed thereto. Such form shall include the following
				information:
(i) the full legal name of the
				professional fund raiser and all other legally authorized names under which it
				operates in any capacity;
(ii)
				organizational type (corporation, partnership, unincorporated association,
				proprietorship, etc.);
(iii) the
				date, state and county in which organized;
(iv) the principal New York State address of
				the professional fund raiser and all addresses from which it solicits
				contributions from New York State residents and the telephone number at each
				address;
(v) the names, primary
				residence or business address where each can be regularly located, and title or
				relationship to the professional fund raiser of:
(a) individual owners of unincorporated
				associations and proprietorships;
(b) partners;
(c) corporate officers and directors;
				and
(d) comparable managers of the
				legal entities;
(vi) the
				names and primary residence or business address where each can be regularly
				located of any individual or entity that owns 10 percent or more of the
				professional fund raiser;
(vii) as
				required by section 5 of the New York State Tax Law, the Federal tax
				identification number or individual social security number for each entity or
				individual listed pursuant to subparagraph (v) of this paragraph. Tax
				identification numbers and social security numbers are exempt from disclosure
				to the public, except as may be required by compulsory or other legal process,
				but must be provided to the Attorney General pursuant to the Tax Law;
(viii) the names and addresses of each
				charitable organization with which the professional fund raiser has contracts
				or has contracted within the prior 12 months to act as a professional fund
				raiser or fund raising counsel in New York and the dates and a description of
				activities to be or that have been conducted pursuant to such
				contracts;
(ix) a statement as to
				whether any individual listed pursuant to subparagraph (v) of this paragraph is
				or has been an officer, director or employee of any other professional fund
				raiser or fund raising counsel that has engaged in fund raising activities in
				New York and/or is or has been an officer, director or employee of any
				charitable organization that has engaged in fund raising activities in New York
				and, if so, the names and primary residence or business addresses of such
				individuals where they can be regularly located and the entities with which
				they are or have been associated and the titles of all such
				individuals;
(x) a statement as to
				whether the professional fund raiser is registered with any other State or
				local governmental agency and, if so, the names of such governmental
				agencies;
(xi) a statement as to
				whether the professional fund raiser has ever had any license, registration or
				permit to engage in fund raising activities denied, canceled, suspended or
				revoked and, if so, a detailed description of such circumstances;
(xii) a statement as to whether any
				disciplinary or legal action in connection with fund raising activities has
				been taken or is pending against the professional fund raiser and, if so, a
				detailed description of such action; and
(xiii) a statement as to whether the
				professional fund raiser employs any professional solicitors.