New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter V - CHARITABLE USES AND PURPOSES › Part 93 - Fund Raising Professionals › Section 93.5 - Interim statements and closing statements of professional fund raisers

Current through Register Vol. 46, No. 28, July 10, 2024
Professional fund raisers shall file interim and closing
				  statements as required by article 7-A, section 173-a. Such statements shall be
				  signed under penalties for perjury by the professional fund raiser, any
				  subcontractor and the charity on forms prescribed by the Attorney General.
				  Closing statements shall be filed within 90 days after the termination of a
				  fund raising contract, provided that in the case of a fund raising contract
				  that covers a period of more than one year, a professional fund raiser shall
				  file with the Attorney General, within 15 months of the execution of the
				  contract and annually thereafter, an interim statement signed under penalties
				  for perjury by the professional fund raiser, any subcontractor and the charity
				  on forms prescribed by the Attorney General. Closing and interim statements
				  must be prepared for all activities conducted pursuant to each contract and
				  shall include the following:
(a) the
				names of the professional fund raiser(s) and charity(s) that are party to the
				contract;
(b) the effective and
				termination dates of the contract as stated in the contract;
(c) if the contract covers more than one
				year, the period covered by the closing or interim statement;
(d) the beginning and ending dates of the
				campaign within the specified contract period or contract year covered by the
				statement;
(e) if services were
				provided at any other time during the contract period, a statement of the
				period during which such services were provided;
(f) a description of the type of fund raising
				campaign conducted, including without limitation telemarketing, direct mail,
				door-to-door, electronic media (television, radio, internet, etc.), special
				event, publication, ticket or product sale or donation of used or new
				goods;
(g) a statement as to
				whether the campaign was directed at persons in New York State only or persons
				in New York State and other states;
(h) a statement as to whether all
				contributions received from fund raising activity under the contract were
				deposited within five days of receipt in a bank account under exclusive control
				of the charity;
(i) the names,
				addresses and account numbers of the banking or other financial institution(s)
				in which contributions received from solicitation activity pursuant to the
				contract were deposited;
(j) a
				statement as to whether during the specified contract period or contract year
				the professional fund raiser contracted with any sub-contractor to perform any
				services covered by the contract and, if so, the name, address and telephone
				number of any such sub-contractor;
(k) a statement as to whether contractual
				services have been provided and whether the charitable organization has
				received all contractual monetary guarantees (if any). If all services have not
				been completed, an explanation of what remains to be completed;
(l) a breakdown of all revenue received
				during the reporting period;
(m) a
				breakdown of all expenses incurred by the professional fund raiser and
				charitable organization in connection with the campaign, including without
				limitation:
(1) the professional fund raiser's
				remuneration or other fees;
(2)
				salaries and benefits for professional solicitors, office managers and other
				professional fund raiser employees;
(3) permit, license and registration
				fees;
(4) sub-contractors'
				remuneration or other fees;
(5)
				postage and shipping;
(6)
				telephone;
(7) office rent, office
				utilities and office insurance;
(8)
				office supplies and other office expenses;
(9) list rentals;
(10) printing;
(11) advertising;
(12) show and other event fees;
(13) show and other event facilities rental
				fees and insurance;
(14) computer
				and data-processing fees;
(15) cost
				of merchandise for re-sale;
(16)
				total expenses;
(17) net amount
				retained by or paid to the charitable organization;
(18) additional amounts paid to the
				charitable organization as a contractual guarantee;
(19) professional fund raiser's profit or
				loss;
(20) uncollected
				pledges;
(21) in-kind donations;
				and
(22) the dated signature of the
				parties to the contract under the penalties for perjury.