State Codes and Statutes

Statutes > New-york > Exc > Article-7-a > 172-a

§ 172-a. Certain  persons exempted. 1. This article shall not apply to  corporations organized under the religious corporations law,  and  other  religious  agencies  and  organizations,  and  charities,  agencies, and  organizations operated, supervised, or controlled by  or  in  connection  with a religious organization.    2.  The  following  persons shall not be required to register with the  attorney general:    (a)  An  educational  institution  confining   its   solicitation   of  contributions  to  its  student  body, alumni, faculty and trustees, and  their families.    (b) Fraternal, patriotic,  social,  alumni,  law  enforcement  support  organizations  and  historical societies chartered by the New York state  board of regents when solicitation of contributions is confined to their  membership.    (c) Persons  requesting  any  contributions  for  the  relief  of  any  individual, specified by name at the time of the solicitation, if all of  the contributions collected, without any deductions whatsoever, are paid  to   or  for  the  benefit  of  the  named  beneficiary.  Prior  to  the  commencement of any such solicitation, the principal  person  requesting  contributions may file with the attorney general a form, provided by the  attorney general, which shall read as follows:            CHARITABLE SOLICITATION FOR THE RELIEF OF AN INDIVIDUAL    ______________________________________________________________________      NAME AND ADDRESS OF THE PRINCIPAL PERSON REQUESTING CONTRIBUTIONS    ______________________________________________________________________                         PURPOSE OF THE SOLICITATION    ______________________________________________________________________           NAME AND ADDRESS OF THE PRIMARY INDIVIDUAL BENEFICIARY    ______________________________________________________________________             NAME AND ADDRESS OF SECONDARY BENEFICIARY (IF ANY)               LIST NO MORE THAN THREE SECONDARY BENEFICIARIES   The   principal  person  requesting  contributions  may,  on  such  form  designate up to three secondary individuals or charitable  organizations  as  charitable beneficiaries who shall be entitled to such contributions  in  the  event  circumstances  change   rendering   it   impossible   or  impracticable  to  use any or all of the money collected for the primary  beneficiary. The designation of  one  or  more  secondary  beneficiaries  shall  be  ineffective unless such form has been filed with the attorney  general and all persons requesting contributions shall have informed any  person solicited at the time of any solicitation of such filing. In  the  event that it is or may be impossible or impracticable to use any or all  of  the  money collected for the benefit of the primary beneficiary, and  (i) no secondary beneficiary has been properly  designated  pursuant  to  this  paragraph,  or  (ii)  no  secondary  beneficiary  exists, then the  attorney general, the primary beneficiary, or any person  who  requested  contributions  may petition the supreme court, on notice to the attorney  general, the primary beneficiary if living, any secondary beneficiaries,  and the principal person who requested the contributions  for  an  order  directing that any moneys remaining shall be transferred to a charitable  organization with purposes similar to those for which such contributions  were  collected. In the event that money collected for the relief of any  individual, without any deductions whatsoever, is paid  to  or  for  thebenefit  of  the  primary  beneficiary within sixty days of its receipt,  then all requirements of this paragraph shall be  deemed  to  have  been  complied  with.  For  the  purposes of this section, the term "principal  person  requesting  the  contributions"  shall  mean  any  person who is  primarily  responsible  for  soliciting  funds  for  the  relief  of  an  individual, but shall not include any person who solicits funds when all  such  funds  are  subsequently  transferred  over  to a principal person  requesting contributions.    (d) Any charitable  organization  which  solicits  or  receives  gross  contributions  of less than twenty-five thousand dollars during a fiscal  year of such organization, provided none of its fund raising is  carried  on by professional fund raisers or fund raising counsel. However, if the  gross  contributions received by such charitable organization during any  fiscal year of such organization  shall  be  in  excess  of  twenty-five  thousand  dollars,  it  shall within thirty days after the date it shall  have received gross contributions  in  excess  of  twenty-five  thousand  dollars  register  with  the attorney general as required by section one  hundred seventy-two of this article.    (e)  Any  charitable  organization  receiving  an  allocation  from  a  federated  fund, incorporated community appeal or a united way, provided  such fund, appeal or united way is complying with the provisions of this  article relating to registration and filing of  financial  reports  with  the  attorney  general, and provided such organization does not receive,  in addition  to  such  allocation,  gross  contributions  in  excess  of  twenty-five  thousand  dollars  during  the  fiscal  year,  and provided  further that all the fund-raising functions of  such  organizations  are  carried  on by persons who are unpaid for such services. However, if the  gross  contributions  other  than  such  allocation  received  by   such  charitable  organization  during  any  fiscal  year of such organization  shall be in excess of twenty-five  thousand  dollars,  it  shall  within  thirty  days after the date it shall have received such contributions in  excess of  twenty-five  thousand  dollars  register  with  the  attorney  general as required by section one hundred seventy-two of this article.    (f)  A local post, camp, chapter or similarly designated element, or a  county unit of such elements, of  a  bona  fide  veterans'  organization  which  issues  charters  to such local elements throughout this state, a  bona fide organization of volunteer firemen, an  organization  providing  volunteer ambulance service (as defined in section three thousand one of  the  public  health  law)  or a bona fide auxiliary or affiliate of such  organizations, provided all its fund-raising activities are  carried  on  by  members  of  such  an  organization or an affiliate thereof and such  members receive no compensation, directly or indirectly, therefor.    (g) An educational institution which files  annual  financial  reports  with  the regents of the university of the state of New York as required  by the education law or with an agency having  similar  jurisdiction  in  another  state  or  a  library  which  files annual financial reports as  required by the state education department.    (h) A charitable organization which receives all or substantially  all  of  its  funds from a single governmental agency and reports annually to  that  agency  provided  such  reports  contain   financial   information  substantially  similar in content to that required by subdivision one of  section one hundred seventy-two-b of this  article;  provided,  however,  that  such  organization  may  receive no more than twenty-five thousand  dollars from sources other  than  the  government  agency  to  which  it  reports.    (i)  Any police department, sheriff's department or other governmental  law enforcement agency.(j) The state parent teachers  association  and  any  parent  teachers  association  affiliated  with an educational institution that is subject  to the jurisdiction of the state education department.

State Codes and Statutes

Statutes > New-york > Exc > Article-7-a > 172-a

§ 172-a. Certain  persons exempted. 1. This article shall not apply to  corporations organized under the religious corporations law,  and  other  religious  agencies  and  organizations,  and  charities,  agencies, and  organizations operated, supervised, or controlled by  or  in  connection  with a religious organization.    2.  The  following  persons shall not be required to register with the  attorney general:    (a)  An  educational  institution  confining   its   solicitation   of  contributions  to  its  student  body, alumni, faculty and trustees, and  their families.    (b) Fraternal, patriotic,  social,  alumni,  law  enforcement  support  organizations  and  historical societies chartered by the New York state  board of regents when solicitation of contributions is confined to their  membership.    (c) Persons  requesting  any  contributions  for  the  relief  of  any  individual, specified by name at the time of the solicitation, if all of  the contributions collected, without any deductions whatsoever, are paid  to   or  for  the  benefit  of  the  named  beneficiary.  Prior  to  the  commencement of any such solicitation, the principal  person  requesting  contributions may file with the attorney general a form, provided by the  attorney general, which shall read as follows:            CHARITABLE SOLICITATION FOR THE RELIEF OF AN INDIVIDUAL    ______________________________________________________________________      NAME AND ADDRESS OF THE PRINCIPAL PERSON REQUESTING CONTRIBUTIONS    ______________________________________________________________________                         PURPOSE OF THE SOLICITATION    ______________________________________________________________________           NAME AND ADDRESS OF THE PRIMARY INDIVIDUAL BENEFICIARY    ______________________________________________________________________             NAME AND ADDRESS OF SECONDARY BENEFICIARY (IF ANY)               LIST NO MORE THAN THREE SECONDARY BENEFICIARIES   The   principal  person  requesting  contributions  may,  on  such  form  designate up to three secondary individuals or charitable  organizations  as  charitable beneficiaries who shall be entitled to such contributions  in  the  event  circumstances  change   rendering   it   impossible   or  impracticable  to  use any or all of the money collected for the primary  beneficiary. The designation of  one  or  more  secondary  beneficiaries  shall  be  ineffective unless such form has been filed with the attorney  general and all persons requesting contributions shall have informed any  person solicited at the time of any solicitation of such filing. In  the  event that it is or may be impossible or impracticable to use any or all  of  the  money collected for the benefit of the primary beneficiary, and  (i) no secondary beneficiary has been properly  designated  pursuant  to  this  paragraph,  or  (ii)  no  secondary  beneficiary  exists, then the  attorney general, the primary beneficiary, or any person  who  requested  contributions  may petition the supreme court, on notice to the attorney  general, the primary beneficiary if living, any secondary beneficiaries,  and the principal person who requested the contributions  for  an  order  directing that any moneys remaining shall be transferred to a charitable  organization with purposes similar to those for which such contributions  were  collected. In the event that money collected for the relief of any  individual, without any deductions whatsoever, is paid  to  or  for  thebenefit  of  the  primary  beneficiary within sixty days of its receipt,  then all requirements of this paragraph shall be  deemed  to  have  been  complied  with.  For  the  purposes of this section, the term "principal  person  requesting  the  contributions"  shall  mean  any  person who is  primarily  responsible  for  soliciting  funds  for  the  relief  of  an  individual, but shall not include any person who solicits funds when all  such  funds  are  subsequently  transferred  over  to a principal person  requesting contributions.    (d) Any charitable  organization  which  solicits  or  receives  gross  contributions  of less than twenty-five thousand dollars during a fiscal  year of such organization, provided none of its fund raising is  carried  on by professional fund raisers or fund raising counsel. However, if the  gross  contributions received by such charitable organization during any  fiscal year of such organization  shall  be  in  excess  of  twenty-five  thousand  dollars,  it  shall within thirty days after the date it shall  have received gross contributions  in  excess  of  twenty-five  thousand  dollars  register  with  the attorney general as required by section one  hundred seventy-two of this article.    (e)  Any  charitable  organization  receiving  an  allocation  from  a  federated  fund, incorporated community appeal or a united way, provided  such fund, appeal or united way is complying with the provisions of this  article relating to registration and filing of  financial  reports  with  the  attorney  general, and provided such organization does not receive,  in addition  to  such  allocation,  gross  contributions  in  excess  of  twenty-five  thousand  dollars  during  the  fiscal  year,  and provided  further that all the fund-raising functions of  such  organizations  are  carried  on by persons who are unpaid for such services. However, if the  gross  contributions  other  than  such  allocation  received  by   such  charitable  organization  during  any  fiscal  year of such organization  shall be in excess of twenty-five  thousand  dollars,  it  shall  within  thirty  days after the date it shall have received such contributions in  excess of  twenty-five  thousand  dollars  register  with  the  attorney  general as required by section one hundred seventy-two of this article.    (f)  A local post, camp, chapter or similarly designated element, or a  county unit of such elements, of  a  bona  fide  veterans'  organization  which  issues  charters  to such local elements throughout this state, a  bona fide organization of volunteer firemen, an  organization  providing  volunteer ambulance service (as defined in section three thousand one of  the  public  health  law)  or a bona fide auxiliary or affiliate of such  organizations, provided all its fund-raising activities are  carried  on  by  members  of  such  an  organization or an affiliate thereof and such  members receive no compensation, directly or indirectly, therefor.    (g) An educational institution which files  annual  financial  reports  with  the regents of the university of the state of New York as required  by the education law or with an agency having  similar  jurisdiction  in  another  state  or  a  library  which  files annual financial reports as  required by the state education department.    (h) A charitable organization which receives all or substantially  all  of  its  funds from a single governmental agency and reports annually to  that  agency  provided  such  reports  contain   financial   information  substantially  similar in content to that required by subdivision one of  section one hundred seventy-two-b of this  article;  provided,  however,  that  such  organization  may  receive no more than twenty-five thousand  dollars from sources other  than  the  government  agency  to  which  it  reports.    (i)  Any police department, sheriff's department or other governmental  law enforcement agency.(j) The state parent teachers  association  and  any  parent  teachers  association  affiliated  with an educational institution that is subject  to the jurisdiction of the state education department.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Exc > Article-7-a > 172-a

§ 172-a. Certain  persons exempted. 1. This article shall not apply to  corporations organized under the religious corporations law,  and  other  religious  agencies  and  organizations,  and  charities,  agencies, and  organizations operated, supervised, or controlled by  or  in  connection  with a religious organization.    2.  The  following  persons shall not be required to register with the  attorney general:    (a)  An  educational  institution  confining   its   solicitation   of  contributions  to  its  student  body, alumni, faculty and trustees, and  their families.    (b) Fraternal, patriotic,  social,  alumni,  law  enforcement  support  organizations  and  historical societies chartered by the New York state  board of regents when solicitation of contributions is confined to their  membership.    (c) Persons  requesting  any  contributions  for  the  relief  of  any  individual, specified by name at the time of the solicitation, if all of  the contributions collected, without any deductions whatsoever, are paid  to   or  for  the  benefit  of  the  named  beneficiary.  Prior  to  the  commencement of any such solicitation, the principal  person  requesting  contributions may file with the attorney general a form, provided by the  attorney general, which shall read as follows:            CHARITABLE SOLICITATION FOR THE RELIEF OF AN INDIVIDUAL    ______________________________________________________________________      NAME AND ADDRESS OF THE PRINCIPAL PERSON REQUESTING CONTRIBUTIONS    ______________________________________________________________________                         PURPOSE OF THE SOLICITATION    ______________________________________________________________________           NAME AND ADDRESS OF THE PRIMARY INDIVIDUAL BENEFICIARY    ______________________________________________________________________             NAME AND ADDRESS OF SECONDARY BENEFICIARY (IF ANY)               LIST NO MORE THAN THREE SECONDARY BENEFICIARIES   The   principal  person  requesting  contributions  may,  on  such  form  designate up to three secondary individuals or charitable  organizations  as  charitable beneficiaries who shall be entitled to such contributions  in  the  event  circumstances  change   rendering   it   impossible   or  impracticable  to  use any or all of the money collected for the primary  beneficiary. The designation of  one  or  more  secondary  beneficiaries  shall  be  ineffective unless such form has been filed with the attorney  general and all persons requesting contributions shall have informed any  person solicited at the time of any solicitation of such filing. In  the  event that it is or may be impossible or impracticable to use any or all  of  the  money collected for the benefit of the primary beneficiary, and  (i) no secondary beneficiary has been properly  designated  pursuant  to  this  paragraph,  or  (ii)  no  secondary  beneficiary  exists, then the  attorney general, the primary beneficiary, or any person  who  requested  contributions  may petition the supreme court, on notice to the attorney  general, the primary beneficiary if living, any secondary beneficiaries,  and the principal person who requested the contributions  for  an  order  directing that any moneys remaining shall be transferred to a charitable  organization with purposes similar to those for which such contributions  were  collected. In the event that money collected for the relief of any  individual, without any deductions whatsoever, is paid  to  or  for  thebenefit  of  the  primary  beneficiary within sixty days of its receipt,  then all requirements of this paragraph shall be  deemed  to  have  been  complied  with.  For  the  purposes of this section, the term "principal  person  requesting  the  contributions"  shall  mean  any  person who is  primarily  responsible  for  soliciting  funds  for  the  relief  of  an  individual, but shall not include any person who solicits funds when all  such  funds  are  subsequently  transferred  over  to a principal person  requesting contributions.    (d) Any charitable  organization  which  solicits  or  receives  gross  contributions  of less than twenty-five thousand dollars during a fiscal  year of such organization, provided none of its fund raising is  carried  on by professional fund raisers or fund raising counsel. However, if the  gross  contributions received by such charitable organization during any  fiscal year of such organization  shall  be  in  excess  of  twenty-five  thousand  dollars,  it  shall within thirty days after the date it shall  have received gross contributions  in  excess  of  twenty-five  thousand  dollars  register  with  the attorney general as required by section one  hundred seventy-two of this article.    (e)  Any  charitable  organization  receiving  an  allocation  from  a  federated  fund, incorporated community appeal or a united way, provided  such fund, appeal or united way is complying with the provisions of this  article relating to registration and filing of  financial  reports  with  the  attorney  general, and provided such organization does not receive,  in addition  to  such  allocation,  gross  contributions  in  excess  of  twenty-five  thousand  dollars  during  the  fiscal  year,  and provided  further that all the fund-raising functions of  such  organizations  are  carried  on by persons who are unpaid for such services. However, if the  gross  contributions  other  than  such  allocation  received  by   such  charitable  organization  during  any  fiscal  year of such organization  shall be in excess of twenty-five  thousand  dollars,  it  shall  within  thirty  days after the date it shall have received such contributions in  excess of  twenty-five  thousand  dollars  register  with  the  attorney  general as required by section one hundred seventy-two of this article.    (f)  A local post, camp, chapter or similarly designated element, or a  county unit of such elements, of  a  bona  fide  veterans'  organization  which  issues  charters  to such local elements throughout this state, a  bona fide organization of volunteer firemen, an  organization  providing  volunteer ambulance service (as defined in section three thousand one of  the  public  health  law)  or a bona fide auxiliary or affiliate of such  organizations, provided all its fund-raising activities are  carried  on  by  members  of  such  an  organization or an affiliate thereof and such  members receive no compensation, directly or indirectly, therefor.    (g) An educational institution which files  annual  financial  reports  with  the regents of the university of the state of New York as required  by the education law or with an agency having  similar  jurisdiction  in  another  state  or  a  library  which  files annual financial reports as  required by the state education department.    (h) A charitable organization which receives all or substantially  all  of  its  funds from a single governmental agency and reports annually to  that  agency  provided  such  reports  contain   financial   information  substantially  similar in content to that required by subdivision one of  section one hundred seventy-two-b of this  article;  provided,  however,  that  such  organization  may  receive no more than twenty-five thousand  dollars from sources other  than  the  government  agency  to  which  it  reports.    (i)  Any police department, sheriff's department or other governmental  law enforcement agency.(j) The state parent teachers  association  and  any  parent  teachers  association  affiliated  with an educational institution that is subject  to the jurisdiction of the state education department.