Form Char012 - Professional Solicitor Registration Statement (Page 5 of 5) in pdf

IX.

Professional Solicitor (PS) - See §§171-a, Executive Law

Any person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable

purposes or for the purposes of any law enforcement support organization from persons in this state.

Contracts - See §§172-d, 173-a, 174, 174-a, Executive Law

! No person shall enter into any contract or agreement with or otherwise employ or engage a Professional Solicitor (PS) required

to be registered under NYS Executive Law unless such PS has provided to such person a statement, signed under penalties for

perjury, that it is registered with the Attorney General's Charities Bureau and in compliance with all filing requirements of the

Executive Law.

! No person shall enter into any contract or agreement, employment or engagement to raise funds or conduct any fund raising

activities for any charitable organization required to be registered under NYS Executive Law §172 unless such charitable

organization is registered with the Attorney General’s Charities Bureau and in compliance with all filing requirements of the

Executive Law.

XI.

Solicitation Disclosures - See §174-b, Executive Law

! Any solicitation by any means made by or on behalf of a registered charitable organization that is required to file financial reports

and that has actually filed all such reports must include a statement that upon request, a person may obtain from the charitable

organization or from the Attorney General's Charities Bureau, a copy of the last financial report filed by the charitable organization

with the Attorney General’s Charities Bureau. Such statement must specify the address of the charitable organization and the

address of the Attorney General's Charities Bureau (State of New York, Department of Law, Charities Bureau, 120 Broadway, New

York, NY 10271) to which such request should be addressed. In instances where the charitable organization required to be

registered has not been previously required to file an annual report with the Attorney General's Charities Bureau, the solicitation

must state the date when such report will be filed.

! Any solicitation by any means by a Professional Fund Raiser (PFR) or PS on behalf of a charitable organization required to be

registered with the Attorney General's Charities Bureau shall clearly and unambiguously disclose:

- the name of the PFR as on file with the Attorney General's Charities Bureau and that the solicitation is being conducted by a PFR;

- the name of the individual PS as on file with the Attorney General's Charities Bureau and that the PS is receiving compensation

for conducting the solicitation.

XII.

Charitable Organizations - See §§171-a, Executive Law

Any benevolent, philanthropic, patriotic, or eleemosynary person or one purporting to be such or law enforcement support

organization as defined below.

XIII.

Law Enforcement Support Organization - See §§171-a, Executive Law

Any organization, association, union or conference of or purporting to be of current or former law enforcement officers, including,

without limitation, peace officers and police officers as defined in subdivisions thirty-three and thirty-four of section 1.20 of the

criminal procedure law, sheriffs, deputy sheriffs, detectives, investigators or constables or any auxiliary or affiliate of such an

organization, association, union or conference composed of one or more such organizations.

XIV.

Person - See §§171-a, Executive Law

Any individual, organization, group, association, partnership, corporation, or any combination of them.

XV.

Contribution - See §§171-a, Executive Law

The promise or grant of any money or property of any kind or value, whether or not in combination with the sale of goods, services,

entertainment or any other thing of value, including a grant or other financial assistance from any agency of government, except

payments by members of any organization for membership, for services or other benefit, other than the right to vote for directors

or trustees, elect officers, or hold offices.

XVI.

Solicit - See §§171-a, Executive Law

To directly or indirectly make a request for a contribution, whether express or implied through any medium. A “solicitation” shall

be deemed to have taken place whether or not a contribution is made. For purposes of this article, a “solicitation” or a “solicitation

of contributions” includes any advertising which represents that the purchase or use of goods, services, entertainment or any other

thing of value will benefit a charitable organization. Provided, however, that the printing and the mailing of a written solicitation for

funds or any other thing of value to benefit a charitable organization shall not alone constitute soliciting on the part of persons who

printed and mailed such solicitation if such persons do not otherwise solicit, receive or have access to contributions.

-ii-

Instructions for Form CHAR012/PS Summary (2010)

Form Char012 - Professional Solicitor Registration Statement Page 5

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