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N.Y. Arts and Cultural Affairs Law § 3.19

Prohibition

Redline — January 1, 2017 → current.View current text →
Current — January 1, 2018
As of January 1, 2017
§ 3.19. Prohibition. The council on the arts shall be prohibited from\nissuing grants to an organization unless such organization is\nincorporated as a nonprofit organization either in the state or, if an\norganization is incorporated elsewhere, such organization must be\nregistered to do business in the state through the department of state\nand must have its principal place of business located within the state.\nGrant recipients shall also be prohibited from using grant funding\nreceived from the council on the arts to fund components of an\norganization's budget that are not directed towards programs in the\nstate. If an organization is found to have violated this section, they\nshall (1) be required to reimburse back to the council on the arts, all\nmonies received under the particular grant within thirty days or face a\nfine to be determined by the department of state, and (2) not be allowed\nto reapply for future funding until they provide proof to the council on\nthe arts of their subsequent filing of articles of incorporation with\nthe department of state in New York.\n
§ 3.19. Prohibition. 1. (a) The council on the arts shall be\nprohibited from awarding grants to an organization unless such\norganization is incorporated as a nonprofit organization either in the\nstate or, if an organization is incorporated elsewhere, such\norganization must be registered to do business in the state through the\ndepartment of state and must have its principal place of business\nlocated within the state.\n (b) Any organization applying for grant funding shall provide to the\ncouncil on the arts documentation demonstrating compliance with this\nprovision. Any applicant which fails to provide such documentation shall\nbe deemed ineligible to receive grant funding under this article. Such\ndocumentation shall be considered valid for a period of two years from\nthe date it was provided or until the organization undertakes a change\nin status, whichever occurs sooner.\n (c) Any organization that is incorporated elsewhere but registered to\ndo business in the state, when applying for grant funding, shall certify\nto the council on the arts as part of its grant application that its\nprincipal place of business is located within the state. Any applicant\nwhich fails to provide such certification shall be deemed ineligible to\nreceive grant funding under this article.\n (d) Any applicant which fails to demonstrate that grant funds are to\nbe used toward programs in the state shall be deemed ineligible to\nreceive grant funding under this article. Any organization, when\napplying for grant funding, shall provide in its grant application\nmaterials documentation demonstrating compliance with this provision.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.