New York Codes, Rules and Regulations
Title 13 - DEPARTMENT OF LAW
Chapter V - CHARITABLE USES AND PURPOSES
Part 93 - Fund Raising Professionals
Section 93.4 - Contracts with professional fund raisers, fund raising counsel and commercial co-venturers
Universal Citation: 13 NY Comp Codes Rules and Regs ยง 93.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Content of contracts.
(1) In addition to any
information required by article 7-A, including section 174-a, all contracts
filed with the Attorney General must include the following:
(i) the names, addresses and New York State
registration numbers of both parties to the contract;
(ii) the signatures and dates of signature of
the parties to the contract;
(iii)
the beginning and expiration dates of the contract;
(iv) the terms of the contract, including a
clear description of the services to be performed by the professional fund
raiser or fund raising counsel; and
(v) a clear statement of the financial
arrangement between the parties which shall include, if applicable, a statement
of:
(a) the percentage or dollar amount of the
total funds collected on behalf of the charitable organization which shall be
retained by or paid to the professional fund raiser for purposes other than the
exclusive benefit of the charitable organization's charitable
purposes;
(b) the fixed fee if any
to be received by the professional fund raiser or fund raising
counsel;
(c) all contractual
expenses to be incurred by the professional fund raiser or fund raising counsel
but charged to the charitable organization or subsequently deducted from the
gross receipts. Such list shall contain specific dollar amounts or projected
estimates of these costs; and
(d)
the costs per unit for the services to be provided and the projected number of
units to be provided; and
(vi) a renewal or extension of a contract
must comply with the provisions of this section.
(b) Contract approval, filing and cancellation.
(1) No contract will be accepted
for filing by the Attorney General, unless the contract complies with this
subdivision and article 7-A, and no services shall be performed pursuant to
such contract if the Attorney General notifies the professional fund raiser or
fund raising counsel and the charitable organization of any deficiencies in the
contract and/or compliance with the registration and filing requirements of
article 7-A or EPTL section 8-1.4 and this Chapter.
(2) Whenever a charitable organization
contracts with a professional fund raiser, fund raising counsel or commercial
co-venturer, the charitable organization shall have the right to cancel the
contract without cost, penalty or liability for a period of 15 days following
the date on which said contract was executed. Any provision in the contract
that is intended to waive this right of cancellation shall be void and
unenforceable.
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