At a Glance

Georgia does not require commercial co-venturers to register with the state. Instead, businesses must have a written agreement with the charitable organization that meets specific legal requirements under O.C.G.A. § 43-17-6, ensure their charity partner is properly registered or exempt, and avoid misleading advertising. The charitable organization handles state registration and renewal obligations.

Commercial co-venture partnerships are transforming how businesses approach cause marketing in Georgia. When your company promises to donate a portion of sales to charity, you’re likely engaging in a commercial co-venture—and that comes with specific legal obligations. Businesses frequently overlook these requirements, consequently facing potential penalties or reputation damage.

Georgia law establishes clear guidelines for commercial co-venturers, specifically addressing contract requirements and record availability, and it also sets registration, financial reporting, and renewal obligations for charitable organizations and paid solicitors involved in fundraising. Understanding these requirements is essential before launching any promotion tied to charitable giving. While Georgia does not require state registration of commercial co‑venturers, charitable organizations generally register with the Secretary of State, and paid solicitors must register and post a surety bond when applicable. From working under the charitable organization’s registration (Form C‑100) to managing agreements with nonprofit organizations, Georgia’s regulatory framework requires careful navigation to ensure compliance.

Throughout this guide, you’ll discover the step-by-step process for commercial co-venture compliance in Georgia. We’ll cover agreement requirements for charitable sales promotions and clarify when paid solicitor rules apply, along with financial disclosure obligations for charitable organizations. Additionally, you’ll learn about renewal timelines and reinstatement processes that apply to registered charitable organizations.

Understanding Commercial Co-Venturer Status in Georgia

The legal definition and status of commercial co-venturers in Georgia creates a unique regulatory environment that businesses must understand thoroughly. Unlike some states with explicit registration frameworks, Georgia approaches commercial co-ventures differently, nevertheless imposing certain obligations.

Definition under O.C.G.A. § 43-17-1

Georgia law precisely defines who qualifies as a commercial co-venturer. According to O.C.G.A. § 43-17-1 in the Georgia Charitable Solicitations Act, a commercial co-venturer is “a person who for profit is regularly and primarily engaged in trade or commerce other than in connection with soliciting for charitable organizations or purposes and who conducts a charitable sales promotion.” In simpler terms, a commercial co-venturer refers to any business whose primary operations aren’t charitable fundraising but who engages in promotional campaigns where purchases benefit a charity.

Furthermore, the law defines a “charitable sales promotion” as “an advertising or sales campaign, conducted by a commercial co-venturer, which represents that the purchase or use of goods or services offered by the commercial co-venturer will benefit, in whole or in part, a charitable organization or purpose.” See the Georgia Secretary of State charity guide. This encompasses common marketing practices where businesses donate a percentage of sales to charitable causes.

Difference between CCVs and Paid Solicitors

A critical distinction exists between commercial co-venturers and paid solicitors under Georgia law. As defined in O.C.G.A. § 43-17-1 under the Georgia Charitable Solicitations Act, a “paid solicitor” is a person who:

• For compensation, performs services for a charitable organization where contributions are solicited
• Would be considered fundraising counsel except they have custody of contributions
• Services collection receptacles purporting to collect items for charitable purposes

In contrast, commercial co-venturers operate their own primary business while conducting charitable promotions as a secondary activity. The law explicitly exempts “a bona fide officer, employee, or volunteer of a charitable organization or commercial co-venturer” from paid solicitor classification. This distinction matters greatly because paid solicitors face more stringent requirements, including mandatory registration under Georgia Code § 43-17-3, which states: “No paid solicitor shall solicit contributions for a charitable purpose in or from this state or on behalf of a charitable organization, unless such paid solicitor is a registered paid solicitor pursuant to this Code section” (see the Georgia Secretary of State charity guide).

When CCV Registration is Required

Georgia does not currently require traditional registration for commercial co-venturers (see the Georgia Secretary of State charity guide). As a result, businesses running cause marketing campaigns aren’t obligated to register as commercial co-venturers at the state level.

Yet, this absence of registration requirements doesn’t mean complete freedom from regulation. Although formal licensing isn’t mandated, commercial co-venturers must still follow other regulations before and during promotions, including having a compliant written agreement with the partnering charitable organization and ensuring truthful advertising (see the Georgia Secretary of State charity guide).

Moreover, it’s important to note that even though Georgia doesn’t require registration, partnering charities likely need to maintain their solicitation registrations. For nonprofits conducting multi-state campaigns, CCV activity may trigger charitable solicitation registration requirements in other jurisdictions. Businesses operating across state lines should carefully evaluate compliance obligations beyond Georgia’s borders.

No State Registration Process for Georgia CCVs

Because Georgia does not require commercial co‑venturers to register, there is no state CCV application, fee, or filing process. Instead, ensure you: (a) partner with a charitable organization that is properly registered or exempt in Georgia, and (b) have a written agreement that meets Georgia’s charitable sales promotion requirements (see “Filing and Managing CCV Contracts” below).

About Form C‑100 (for Charitable Organizations)

Form C‑100 is the Charitable Organization Registration used by charitable organizations, not by commercial co‑venturers. Charities register with the Georgia Secretary of State (404-656-2817, sos.ga.gov) and provide organizational and financial information as part of that process. If you are the charitable organization (rather than a CCV), use Form C‑100 and follow the Secretary of State’s instructions.

Filing Methods

• Charitable organizations can file their registrations and renewals online or by mail with the Georgia Secretary of State. Commercial co‑venturers have no separate state registration filing in Georgia.

Surety Bond Requirements

• Georgia law imposes a surety bond requirement on paid solicitors that have physical possession or legal control over contributions; such paid solicitors must post a surety bond payable to the State of Georgia. This bond requirement does not apply to commercial co‑venturers under Georgia’s statute (see the Georgia Charitable Solicitations Act).

Registration Fees

• There is no Georgia state registration fee for commercial co‑venturers because no CCV registration is required. For context, charitable organizations pay a $35 initial registration fee and a $20 renewal fee under O.C.G.A. § 43‑17‑5(c) (see the Georgia Charitable Solicitations Act).

Filing and Managing CCV Contracts

Written contracts form the cornerstone of legal compliance for commercial co-ventures in Georgia. Proper documentation establishes clear expectations between businesses and charitable partners, hence safeguarding all parties involved. We help businesses and nonprofits organize contracts and filing materials to stay compliant and audit-ready.

Contract Content Requirements under Georgia Law

Georgia law requires the charitable organization to obtain, prior to the commencement of the charitable sales promotion, a written agreement with the commercial co‑venturer. That agreement must be available to the Secretary of State upon request and, at a minimum, must include (see the Georgia Charitable Solicitations Act):

• The goods or services to be offered to the public;
• The geographic area where, and the starting and final date when, the offering will be made;
• The manner in which the charitable organization’s name will be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization;
• If applicable, the maximum dollar amount that will benefit the charitable organization;
• The estimated number of units of goods or services to be sold or used;
• A provision for a final accounting on a per‑unit basis to be given by the commercial co‑venturer to the charitable organization and the date by which it will be made;
• A statement that the charitable sales promotion is subject to the requirements of the Georgia Charitable Solicitations Act; and
• The date by when, and the manner in which, the benefit will be conferred on the charitable organization.

Timeline for Agreements and Filing

• Timing: The written agreement must be in place before the charitable sales promotion begins (see the Georgia Charitable Solicitations Act).
• Filing: Georgia law does not require routine pre‑filing of commercial co‑venture agreements; rather, the agreement must be available to the Secretary of State upon request. Note: Different filing and notice requirements apply to paid solicitors (not CCVs), including filing a solicitation notice before a campaign begins (see the Georgia Charitable Solicitations Act).

Amendments to Existing Agreements

If campaign terms change, update the written agreement so it continues to satisfy O.C.G.A. § 43‑17‑6. Georgia law does not prescribe a separate filing requirement for amendments to commercial co‑venture agreements, but the agreement must remain accurate and be available to the Secretary of State upon request (see the Georgia Charitable Solicitations Act).

Financial Reporting and Disclosure Obligations

Financial transparency remains paramount for organizations engaged in fundraising in Georgia. While commercial co‑venturers do not have separate financial filing requirements with the state, charitable organizations have specific financial reporting thresholds tied to their registration.

Certified Financial Statement Thresholds (for Charitable Organizations)

Georgia implements a tiered approach to financial statements for charitable organizations based on contribution amounts in the preceding fiscal year under the Georgia Charitable Solicitations Act:

• More than $1,000,000: audited, certified financial statements prepared by an independent CPA are required.
• More than $500,000 but not more than $1,000,000: financial statements reviewed by an independent CPA are required.
• Less than or equal to $500,000: financial statements are required but need not be reviewed or audited.

A certified financial statement must include a balance sheet, income statement, statement of cash flows, all accompanying notes, and an independent auditor’s report expressing professional opinion (see Georgia rules on financial statements).

IRS Form 990 and Georgia Filings

Alongside financial statements, charitable organizations generally submit their IRS Form 990 or Form 990‑EZ as part of Georgia’s registration filings. Georgia does not accept the IRS Form 990‑N to satisfy state filing requirements; organizations that file a 990‑N federally should be prepared to provide state‑specific financial information (e.g., Form C‑200) as directed by the Secretary of State.

Deadlines

• Federal: The IRS requires most exempt organizations to file Form 990 by May 15 for organizations with a December 31 year-end (the 15th day of the 5th month after the close of their tax year). See the IRS Form 990 filing requirements.
• State: Georgia charitable organization registrations renew on a biennial schedule based on the registration anniversary date; required financial statements are submitted with renewals (see the Georgia Charitable Solicitations Act).

Renewals, Reinstatements, and Withdrawals

Maintaining compliance after initial registration primarily affects the charitable organization partner (not the commercial co‑venturer), since Georgia does not require CCVs to register.

Renewal Timeline and Required Documents (Charitable Organizations)

Charitable organizations must renew their registration biennially by the anniversary date. The renewal fee is $20. Required renewal documents typically include updated financial statements and the organization’s most recent IRS Forms 990/990‑EZ, as applicable (see the Georgia Charitable Solicitations Act).

Reinstatement After Expiration (Charitable Organizations)

If a charitable organization’s registration lapses, reinstatement requires filing the appropriate application and financials and paying the applicable fee before continuing fundraising activities.

Withdrawal (Charitable Organizations)

Organizations that will no longer solicit in Georgia may file a withdrawal with the Secretary of State.

Amendments to Registration Information (Charitable Organizations)

Changes to a charitable organization’s registration information must be reported within 30 days via amendment to the Secretary of State (see the Georgia Charitable Solicitations Act).

Conclusion

Navigating Georgia’s commercial co-venture regulations requires careful attention to detail and thorough preparation. In Georgia, commercial co‑venturers do not register with the state; instead, compliance focuses on having a written agreement that meets O.C.G.A. § 43‑17‑6, ensuring the partnering charitable organization is properly registered or exempt, and avoiding misleading advertising. For businesses conducting multi-state campaigns, Labyrinth, Inc. helps coordinate requirements across jurisdictions and track varying state obligations.

Financial transparency stands as a cornerstone of ethical operations. Charitable organizations must meet state financial statement thresholds and provide IRS filings as part of their biennial renewals. Georgia does not accept IRS Form 990‑N to satisfy state filing requirements and may require state‑specific financial information instead.

As your business engages in cause marketing, this regulatory framework ultimately protects both consumers and charitable organizations while ensuring transparent fundraising practices. By following these guidelines and seeking expert guidance when needed, you can confidently launch promotions that benefit worthy causes without risking legal complications or reputational damage in Georgia.

Frequently Asked Questions