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Instructions for Form CHAR014/FRCSummary (2014)
IX. Fund Raising Counsel (FRC) - See §§171-a, Executive Law
Any person who for compensation consults with a charitable organization or who plans, manages, advises or assists with respect
to the solicitation in this state of contributions for or on behalf of a charitable organization, but who does not have access to
contributions or other receipts from a solicitation or authority to pay expenses associated with a solicitation and who does not solicit.
A bona fide officer, volunteer, or employee of a charitable organization or an attorney at law retained by a charitable organization,
shall not be deemed a FRC.
X. 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 Fund Raising Counsel (FRC) required
to be registered under NYS Executive Law unless such FRC 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.
! No person shall act as a FRC before that FRC has a written contract with the charitable organization, or other person benefitting
from the services. A FRC must file with the Attorney General's Charities Bureau, within 10 days of its execution, a copy of each
contract entered into between the FRC and any charitable organization required to be registered under NYS Executive Law §172.
At the time of the filing, the FRC must certify, under penalties for perjury, that the contract being filed is a true and correct copy of
the original executed contract. For additional information, please refer to Form CHAR016A.
! Whenever a charitable organization contracts with a FRC, the organization has the right to cancel the contract without cost,
penalty, or liability for a period of 15 days following the date on which the contract is filed by the FRC with the Attorney General's
Charities Bureau, regardless of the execution date of the contract. In order to cancel during this period, the organization must mail
or hand deliver a notice of cancellation to the FRC and send a copy to the Attorney General's Charities Bureau. Such notice is
sufficient if it indicates that the charitable organization does not intend to be bound by the contract. For additional information,
please refer to Form CHAR016B.
! The failure of a FRC to discontinue solicitation or any other fund raising activity upon receipt of a notice of cancellation in
accordance with the provisions of Article 7-A of the Executive Law within fifteen days of the cancellation of the contract shall be
deemed to be a continuing fraud upon the people of New York State.
! Every contract between a charitable organization and a FRC must contain:
- the names, addresses and NYS Attorney General's Charities Bureau identification numbers of all parties to the contract;
- a specific beginning and ending date for the contract;
- a clear narrative description of the services to be performed by the FRC;
- a clear statement of the financial arrangement between the charitable organization and the FRC;
- signatures and dates of signature of all parties to the contract; and
- a statement of the charitable organization's statutory right to cancel the contract; the period during which the contract may be
canceled; the address to which the notice of cancellation must be sent and the address of the Attorney General’s Charities Bureau
to which a duplicate must be sent.
! No contract filing should include Federal ID numbers or Social Security numbers of the PFR/FRC or the charitable organization
or any representative of the PFR/FRC or charitable organization.
! No services shall be performed pursuant to any contract required to be filed by a FRC if, within fifteen days of filing, the Attorney
General's Charities Bureau notifies the FRC and the charitable organization of any deficiencies in the contract and/or in the
registration or filings of the FRC or the charitable organization.
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, 28 Liberty
Street, New York, NY 10005) 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
XII. Books and Records - See §173, Executive Law
! A FRC must maintain accurate and current books and records of all activities conducted under any contract with a charitable
organization or other person benefitting from the services for a minimum of three years from the expiration date of such contract.
Such books and records must be available for inspection, examination and/or audit by charitable organization and/or the Attorney
General or any authorized representative at the address of the FRC.
! Within seven days of a request from a charitable organization with which it has contracted, a FRC must provide copies of all
related records to that charitable organization.
XIII. 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.