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 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.  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.    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.