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Can I offer contests that involve charity donations in New York? What are the requirements?

Requirements for Offering Contests Involving Charity Donations in New York

If you plan to offer contests that involve charity donations in New York, you must comply with the following requirements:

  1. Register with the Attorney General: Charitable organizations must register with the Attorney General prior to engaging in any fund raising activities in the State of New York and/or solicitation of persons in New York State [1.1][3.1].
  2. File a Registration Form: Charitable organizations must file a prescribed registration form with the Attorney General that includes, but is not limited to, the following information: the name of the organization, the names and addresses of officers, directors, trustees, and executive personnel of the organization, the addresses of the organization and any offices in New York, a clear description of the specific programs stating whether in existence or planned for which the contributions to be solicited will be used, and the names and addresses of any professional fund raisers, fund raising counsels, and commercial co-venturers who are acting or have agreed to act on behalf of the organization [3.1].
  3. Pay a Registration Fee: At the time of filing the registration form, each charitable organization shall pay to the Attorney General a fee of twenty-five dollars [3.1].
  4. File Annual Reports: Charitable organizations must file an annual report for the immediately preceding fiscal year in accordance with the requirements of section one hundred seventy-two-b of the estates, powers and trusts law [3.1].
  5. Report Material Changes: Every registered organization shall file with the Attorney General within thirty days of any material change in the information required to be furnished by such organization under subdivision one of section one hundred seventy-two of the executive law a prescribed form stating any such changes and signed under penalties for perjury by the president or other authorized officer of the organization [3.1].
  6. Submit filings to the New York City Office of the Attorney General’s Charities Bureau: Charitable organizations must submit their annual filing to the New York City Office of the Attorney General’s Charities Bureau, Registration Section, 28 Liberty Street, New York, NY 10005, or such other place as the Attorney General may designate or electronically in the manner prescribed by statute or by the Attorney General [2.1].
  7. Contracts with Professional Fund Raisers: Charitable organizations must include a clear statement of the financial arrangement between the parties which shall include, if applicable, a statement of: (a) the percentage or dollar amount of the total funds collected on behalf of the charitable organization which shall be retained by or paid to the professional fund raiser for purposes other than the exclusive benefit of the charitable organization’s charitable purposes; (b) the fixed fee if any to be received by the professional fund raiser or fund raising counsel; (c) all contractual expenses to be incurred by the professional fund raiser or fund raising counsel but charged to the charitable organization or subsequently deducted from the gross receipts. Such list shall contain specific dollar amounts or projected estimates of these costs; and (d) the costs per unit for the services to be provided [1.4].

Failure to comply with these requirements may result in sanctions pursuant to article 7-A [1.1].

Therefore, before offering contests that involve charity donations in New York, you must ensure that you comply with the above requirements.

Source(s):
Jurisdiction

New York