N.Y. Executive Law § 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.