New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 4408

Executive Department

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7 sections

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Source version current through Sep 15, 2021

All 7 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 4408.1 - Method of accounting

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

Each corporation shall use generally accepted accounting principles so as to record and summarize financial information in order to produce financial statements and reports and to provide adequate internal fiscal controls.

9 NYCRR 4408.2 - Annual report

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

Within 120 days after the end of the fiscal year of the corporation, each corporation shall submit to the commission a copy of its annual report of operations audited by an independent certified public accounting firm in accordance with generally accepted government auditing standards as prescribed by the Comptroller General of the United States for approval prior to its distribution. The report shall include the following supplemental schedules in a form prescribed by the commission:

(a)statement of section 516 revenues and expenditures;
(b)statement of revenue and expense by branch;
(c)capital acquisition fund balance sheet and statement of changes in section 509-a capital acquisition fund.

The report shall include an opinion from the independent certified public accounting firm, in relation to the basic financial statements taken as a whole, on the required supplemental schedules listed above.

9 NYCRR 4408.3 - Quarterly reports

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

Each corporation shall file with the commission, within 15 days of the close of each fiscal quarter, a quarterly report of the activities of the corporation in a form prescribed by the commission. The commission may for good cause grant a reasonable extension of time for the filing of any such report.

9 NYCRR 4408.4 - Signatures on reports

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

Each quarterly report shall be signed by at least one of the corporation's principal officers and by the person who prepared the report.

9 NYCRR 4408.5 - Other reports

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

The corporation shall furnish to the commission annual reports that shall include:

(a)simulcast handle by track including out-of-state and special events;
(b)a listing of every track with which the corporation conducted simulcasting for the year and the percentage paid to each track;
(c)a list of directors and of officers and the compensation paid to each;
(d)a report of any change of directors or of officers; and
(e)the total number of and dollar amount of uncashed tickets at the end of the year;
(f)the total number of and dollar amount of uncashed vouchers at the end of the year; and
(g)a list of the total number of wagering devices by type (e.g. self-service terminal, teller operated terminal, etc.) at each branch and location.

9 NYCRR 4408.6 - Books and records

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

The commission may conduct such investigations as it deems necessary in order to effectively carry out the purposes and objectives of off-track pari-mutuel betting as provided by law. The commission may determine the method of accounts, and maintenance of books and records of each corporation, consistent with the powers of the New York State Department of Taxation and Finance and of the Office of the State Comptroller to prescribe uniform methods of accounts, records and books so as to adequately reflect the method of doing business and all financial transactions of the corporation including revenue received and distributions made thereof. Books and records of a corporation shall be maintained by the corporation as ordered by the commission and shall not be destroyed by the corporation or abandoned without the prior approval of the commission.

9 NYCRR 4408.7 - Inspection and delivery

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021

The commission may inspect the records of a corporation at any time at the office of the corporation. A corporation shall, upon appropriate notice, deliver promptly to the office of the commission any records that the commission shall request.

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