Section 174-B. Solicitation  


Latest version.
  • 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 attorney general, 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 provide 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.
        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.
        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.