New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter IV - Division Of Corporations And State Records
Part 146 - Charitable and Non-Charitable Non-Profit Organization Filings Pursuant to Article 7-A of the Executive Law
Section 146.8 - Examination of Reports
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Notice of Intent to Publish. Should the Secretary of State determine that the nature and extent of a covered entity's in-kind support to other entities or the nature and extent of a covered entity's spending on covered communications is inconsistent with the charitable purposes of such covered entity, the Secretary of State shall notify the filing entity of the intent to publicly disclose all or part of any relevant report. Such Notice of Intent to Publish shall identify the report(s) for which publication is contemplated, indicate whether the filing entity failed to provide a statement of fact relating to disclosure-related harm, or that a filing entity has provided a statement of fact relating to disclosure-related harm, and that the Secretary has determined that the facts provided in such statement fail to demonstrate that public disclosure of all or any part of a report required to be filed with the Department of State pursuant to Article 7-A of the Executive Law will cause disclosure-related harm.
(b) Appeal. If the filing entity wishes to administratively appeal the Secretary's determination, the filing entity shall notify the Secretary of State within 30 days of the Secretary's transmission of Notice of Intent to Publish. Failure to provide timely notice of intent to appeal shall be deemed consent by the filing entity to publication of the subject report.
