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

Universal Citation: 13 NY Comp Codes Rules and Regs ยง 93.5

Current through Register Vol. 46, No. 12, March 20, 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.

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