The purpose of this bulletin is to clarify the requirement for state agencies to provide charities registration information in connection with State contracts with charitable organizations. This bulletin supersedes Procurement and Disbursement Guidelines' Bulletin G-079 last updated January 31, 2006.
Article 7-a of the Executive Law requires, with certain exemptions1, that charitable organizations must register with the Office of the Attorney General. In addition, the Estates, Powers and Trusts Law (EPTL)Section 8-1.4(s) requires that a charitable organization "shall not be qualified to make application for funds or grants or to receive such funds from any department or agency of the state without certifying compliance with" all applicable registration and filing requirements.
Effective immediately, when an agency submits to the Comptroller's Office a contract with a charitable organization, the agency must submit one of the following:
1. The organization's charitable registration number and written documentation from the Office of the Attorney General that the charitable organization is currently up-to-date with its Charities Registration. This information should be submitted with the vendor responsibility documents. The Charities Registration number must also be inserted in the "provisions" section of the AC-340 Contract Encumbrance form accompanying the contract; or
2. A statement from the contractor (charitable organization) that the organization is exempt pursuant to one of the categories indicated on the Office of Attorney General's Request for Registration Exemption (Schedule E). The statement must identify the specific category under which the charitable organization is exempt, and be submitted with the vendor responsibility documents.
To obtain written documentation of an organization's charities registration status, or if you have questions regarding the statutory requirements for registration, contact:
Office of the Attorney General
Bureau of Charities Registration
New York, NY 10271-0332
If you have questions regarding this bulletin, contact:
Office of the State Comptroller
Bureau of Contracts
110 State Street - 11th Floor
Albany, NY 12236
1 Section 172-a of the Executive Law and Section 8.14 of the EPTL enumerate certain entities which are exempt from the registration requirements. These entities are listed on the Office of the Attorney General's Request for Registration Exemption (Schedule E).