Georgia Fundraising Registration Requirements

Georgia State Fundraising Registration

Resources for charities, businesses, professional fundraisers, and individuals conducting fundraising activities

 

Georgia Nonprofit & Fundraising Company Licenses

Labyrinth provides the state fundraising regulations below as a guide to help you apply for and maintain your ability to fundraise. Need help? We can manage your state registrations for you. Contact us today to learn more.


Georgia defines requirements for:

•  Charitable Organization Registration

•   Commercial Co-Venturer Registration

•  Professional Fundraiser Registration

•   Individual Nonprofit & Fundraising Licenses

•  Charitable Gift Annuity Registration


Need a different state? Visit our 50-state Compliance Guide


Georgia Charitable Gift Annuity Registration

Agency:  Georgia Office of Insurance and Safety Fire Commissioner

Law:   GA Code § 33-58-1 et seq.

Organization Age Requirement:  3 years of continuous existence immediately preceding licensure.

Minimum Unrestricted Cash or Cash Equivalent Requirement: $300,000

Initial Registration

Notes: Georgia charities must provide notice on the day they first enter into a charitable gift annuity agreement. Notices must identify the organization, certify that the organization is a charity and that the annuities issued are qualified charitable gift annuities, and be signed by an officer or director.

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Registration Renewal

NOT REQUIRED


Georgia Charitable Organization Registration

Agency:  Georgia Professional Licensing Boards and Securities Division

Law:   Georgia Code Ann. § 43-17-5 et seq.

Foreign Qualification is a Prerequisite:  No

Registered Agent (Special Agency) Required?: No

Initial Registration

Form: Form C-100: Charitable Organization Registration

Filing Method: Mail or online.

Agency Fee: $35

Turnaround: 4-6 weeks

Notes:

  • Notarized signature of an authorized executive officer is required.
  • Some Georgia counties and municipalities may require charities that solicit in-person to register prior to fundraising.
  • - Before you Apply -

    Domestic Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
  • Foreign Applicants:

  • Check the available exemptions to see if your charity is eligible for exemption from the full registration requirement.
  • If your charity meets the audit threshold, obtain an audited financial report to submit with your registration application.
  • Look through the list of required attachments and make sure that you have each required document in hand before starting the registration application.
  • If you will foreign qualify in Georgia, obtain a certificate of good standing from your home state to submit during the foreign qualification process. The certificate cannot be more than 90 days old when filing foreign qualification documents.

  • - How to Apply -

    Domestic Applicants:

    1. File formation documents with the Georgia Secretary of State - Corporations Division.
    2. Submit a completed Charitable Organization Registration form and all required attachments to the Georgia Professional Licensing Boards and Securities Division.

    Foreign Applicants:

    1. Determine whether or not your charity will need to foreign qualify based on your activity in Georgia. If not required, skip to number 3.
    2. File foreign qualification documents with the Georgia Secretary of State - Corporations Division.
    3. Submit a completed Charitable Organization Registration form and all required attachments to the Georgia Professional Licensing Boards and Securities Division.

    - Required Attachments -

  • IRS form 990
  • Either audited financials, reviewed financials, or a financial statement depending on contributions received during the previous fiscal year (If no funds have been received or collected, attach a signed statement to that effect).
  • IRS determination letter
  • Organizational Charter
  • IRS determination letter
  • List of officers and directors including phone numbers and addresses
  • List of officers and directors
  • Control person addendum and 10-year employment history for each control person
  • Registration Renewal

    Form:   Charitable Organization Renewal

    Filing Method:   Mail or Online

    Agency Fee:  $20

    Due:

  • Biennially by the registration anniversary date. If you registered on January 15, 2020, your registration is due by January 15, 2022.
  • Renewals may be filed up to 90 days prior to the expiration date.
  • Due Date Extension:

    Due dates can be extended by submitting the renewal form, renewal fee, and a letter that specifies the reason the financial statements cannot be filed and a date when such financial statements will be completed and filed.

    Notes:

    A renewal notice will be sent in the mail in the month prior to the expiration month. The notice should be returned with all required attachments and the renewal fee.

    Required Attachments:

  • IRS form 990
  • Audited financials (if applicable)
  • Paid solicitor information (if applicable)
  • Citizenship affidavit
  • Contract Filing

    Filing Method:   Contracts can be emailed to charities@sos.ga.gov.

    Agency Fee:  $0

    Turnaround:  1-2 business days

    Due:   Charities that contract with a commercial co-venturer for a charitable sales promotion should submit a copy of the contract within 30 days of the contract being signed.

    Notes:

    The agreement must be signed by an authorized representative of the charitable organization and the commercial coventurer and it must include, at a minimum, the following:

    1. The goods or services to be offered to the public;
    2. The geographic area where, and the starting and final date when, the offering will be made;
    3. 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;
    4. If applicable, the maximum dollar amount that will benefit the charitable organization;
    5. The estimated number of units of goods or services to be sold or used;
    6. A provision for a final accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date by which it will be made;
    7. A statement that the charitable sales promotion is subject to the requirements of this chapter; and
    8. The date by when, and the manner in which, the benefit will be conferred on the charitable organization.

    How to Apply: The charity must be registered to solicit charitable contributions or otherwise exempt for the contract to be accepted.

    Change of Fiscal Year

    Agency Fee:  $0

    Notes: Georgia does not track organization's fiscal years, but attach a cover letter to the renewal explaining the change.

    Cancellation

    Form:  Charitable Organization Withdrawal Form

    Agency Fee:  $0

    Notes: To close out your registration, submit the withdrawal of charitable organization form.


     
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    Commercial coventurer means 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.

    Georgia Commercial Co-Venturer Registration

    NOT REQUIRED

    Commercial Co-venturer licensure is not required on the State level in Georgia.

    Georgia does not currently have a traditional registration requirement for commercial co-venturers, but they may need to follow other regulations before and after fundraising events.

    More information: Georgia Secretary of State

    Contract Filing

    Form:  Contract

    Filling Method:   Contracts can be emailed to charities@sos.ga.gov.

    Agency Fee:  $0

    Notes:  The agreement must be signed by an authorized representative of the charitable organization and the commercial coventurer and it must include, at a minimum, the following:

    1. The goods or services to be offered to the public;
    2. The geographic area where, and the starting and final date when, the offering will be made;
    3. 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;
    4. If applicable, the maximum dollar amount that will benefit the charitable organization;
    5. The estimated number of units of goods or services to be sold or used;
    6. A provision for a final accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date by which it will be made;
    7. A statement that the charitable sales promotion is subject to the requirements of this chapter; and
    8. The date by when, and the manner in which, the benefit will be conferred on the charitable organization.

    Before You Apply:   Charities that contract with a commercial co-venturer for a charitable sales promotion should submit a copy of the contract within 30 days of the contract being signed.

    Contract Amendment

    Agency Fee:   $0

    Due: An amendment filing should be made before the expiration date of a campaign in order to extend the campaign.

    Notes: To report an extension of a campaign or another change to a campaign agreement, submit a cover letter describing the change and include a copy of the amended agreement.


    Georgia Fundraising Counsel Registration

    NOT REQUIRED

    Fundraising Counsel licensure is not required on the State level in Georgia.

    Georgia does not currently have a registration requirement for fundraising counsels, but they may need to follow other regulations before and after fundraising events. Counsel information is generally reported on charity registrations instead.


     
    Labyrinth has taken the stress out of ensuring our organization is current with all state requirements. Their knowledgeable staff are always available to answer questions and provide guidance giving me peace of mind. I can’t say enough about the value they bring to our organization.

    Beth Lyons, Director of Development, Homes for Our Troops


    Paid solicitor means a person other than a commercial coventurer who, for compensation, performs for a charitable organization any service in connection with which contributions are, or will be, solicited within or from this state by such person or by any compensated person he or she employs, procures, engages, or contracts with, directly or indirectly, to so solicit; who would be a fundraising counsel but for the fact that such person at any time has custody of contributions from a solicitation as defined by this chapter; or who services a collection receptacle which purports, either through language appearing on the receptacle itself or otherwise, to be collecting items for the purpose of benefiting a charitable purpose or one or more entities espousing a charitable purpose.


    Paid solicitor does not include a bona fide officer, employee, or volunteer of a charitable organization or commercial coventurer with respect to contributions solicited for that charitable organization; an attorney, investment counselor, accountant, or banker who, solely incidental to his or her profession, advises a person to make a charitable contribution or who holds funds subject to an escrow or trust agreement; a person who removes or delivers donations placed in a collection receptacle for a fixed fee and who does not otherwise directly or indirectly receive any of the proceeds of the sale of such donations or derive any other benefit from such activity; or a charitable organization registered with the Secretary of State which operates collection receptacles or a religious organization which operates collection receptacles.

    Georgia Paid Solicitor Registration

    Agency:   Georgia Secretary of State

    Law:   GA Code § 43-17-3

    Bond Requirements:  $10,000

    Initial Registration

    Form:   Form Form S-100: Paid Solicitor Registration

    Agency Fee:  $250

    Original lnk:  Not required

    Notarize:  Not required

    Notes:   Application is signed by an officer or director of the firm ,

  • They must identify their legal residential status
  • They must provide a copy of their secure and verifiable government-issued ID
  • Before You Apply:

    1. Location of books and records
    2. List all current and pending registrations in other state
    3. Provide a brief description of the general character of the business to be conducted or proposed to be conducted
    4. List the name and address of each affiliated branch or chapter located in the State of Georgia and the directors of each such branch or chapter
    5. Provide background information about all executive officers and full explanations of any prior legal wrongdoing
    6. Designate control persons
      • Provide home address, title, date of birth, Social Security number, ten-year employment history
    7. List all people who have custody of charitable donations must consent to a background check.
      • Provide legal name, home address, sex, race, date of birth, Social Security number

    Required Attachments:

    If you will have physical possession or legal control over any contributions collected in or from the state of Georgia attach:

  • Fiscal year-end financial statement for the period ending one year prior to the date of filing, or for the preceding fiscal year if the fiscal year has ended within 90 days of this filing OCGA 43-17-3(c)(3). ).
    • The financial statement must be prepared in accordance with generally accepted accounting principles (GAAP)
  • Surety bond satisfactory to the Secretary of State in the sum of $10,000 payable to the State of Georgia
  • Registration Renewal

    Form: Form S-100: Paid Solicitor Registration (Renewal)

    Agency Fee:   $100

    Due:   Annually by December 31

    Original Ink:  Not required

    Notarize:   Not required

    Contract Filing

    Form:   Form S-200: Solicitation Notice

    Agency Fee:   $15

    Due:  File a solicitation notice prior to the commencement of a contract.

    Notes: Contracts between a paid solicitor and a charitable organization must clearly state the respective obligations of the paid solicitor and the charitable organization, and must state the amount of compensation that the paid solicitor will receive. Such compensation must be stated as a fixed amount, as an amount to be derived from a formula, or as a percentage of the gross revenue derived from the solicitation campaign.

    Financial Reporting

    Form:   Form S-300: Financial Report of Campaign

    Agency Fee:   $0

    Due:   Within 90 days after a campaign has ended and on the anniversary of commencement for campaigns lasting more than a year.


     
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    Georgia Individual Nonprofit & Fundraising Licenses

    Solicitor agent means any person, other than a paid solicitor or commercial coventurer, who or which solicits charitable contributions for compensation. The term "solicitor agent" shall not include, with respect to a particular charitable organization which is either registered or exempt from registration under this chapter, any person who is a charitable organization itself or a bona fide officer, employee, or volunteer of such charitable organization which is either registered or exempt from registration under this chapter and who is neither supervised by, nor whose activities are directed by, any paid solicitor or its agent.

    Georgia Solicitor Agent Registration

    Agency:   Georgia Secretary of State

    Law:   GA Code § 43-17-3.1

    Initial Registration

    Form: Form SA-1: Paid Solicitor Agent Registration

    Agency Fee:   $50

    Original Ink:   Not required

    Notarize: Not Required

    Registration Renewal

    Agency Fee:   $50

    Due:   Annually by December 31.

    Notes: Renewal forms are sent in the mail prior to expiration.


     
    Thank you, you truly are amazing! And frankly we would be lost in all of this if it wasn’t for you.

    Lisa Strand, Operations Coordinator, Life is Good Playmakers



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