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


Company Licenses

Georgia Nonprofit & Fundraising Company Licenses

Georgia Charitable Gift Annuity Registration

Agency:Georgia Office of Insurance and Safety Fire Commissioner
Law:

GA Code § 33-58-1 et seq.

Foreign Qualification is Prerequisite:Not Set
Organization Age Requirement:

3 years of continuous existence immediately preceeding licensure.

Minimum Unrestricted Cash or Cash Equivalent Requirement:

$300,000

Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

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.

Renewal Not Required

Not required



Georgia Charitable Organization Registration

Agency:Georgia Secretary of State - Charities Division
Law:

Georgia Code Ann. § 43-17-5

Foreign Qualification is Prerequisite:No
Exam Required?Not Set
Registered Agent (Special Agency) Required?No

One-Time Exemption Registration

Exemption Eligible Organizations:
  • Educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution, provided that those entities qualify for exemption under IRC 501(c)
  • Business, professional, and trade associations and federations which do not solicit members or funds from the general public
  • Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons without any form of compensation and which solicitation is confined to their membership
  • Appeals for individuals provided that 100% of proceeds are turned over to the named beneficiary and that if the contributions collected exceed $5,000, the person requesting contributions shall file a written accounting of funds with the Secretary of State
  • Any charitable organization which does not have any agreement with a paid solicitor and whose total revenue from contributions has been less than $25,000 for both the immediately preceding and current calendar years
  • Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501(c)(3) or Section 501(c)(4) of the IRC
  • Any volunteer fire department or rescue service operating in conjunction with a city or county government in this state and which has received less than $25,000 in both the immediately preceding and current calendar years
  • Religious organizations
  • Political parties, candidates for federal or state office, and political action committees required to file financial information with federal or state elections commissions
  • Local community and state-wide organizations affiliated with or acting on behalf of a registered or exempt state-wide or national parent organization by contract or agreement
  • National charitable organizations having a Georgia affiliate registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such national organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State
Filing Method:

Email to Charities@sos.ga.gov

Law:

Georgia Code Ann. § 43-17-9

Notes:

To claim an exemption, send the following information to Charities@sos.ga.gov:

  • Name of organization
  • Physical and mailing address
  • Phone number
  • Contact person
  • Email person
  • Which rule the organization is claiming for their exemption

Initial Registration

Form:

Form C-100: Charitable Organization Registration

Filing Method:

Mail or online.

Agency Fee:

$35

Turnaround:

4-6 weeks

Notarize:Required
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
  • 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.

Notarize:Required
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

Filing Method:

Mail or email to charities@sos.ga.gov.

Agency Fee:

$0

Notes:

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

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

Filing 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.

Georgia License to Operate Non-Profit Bingo Games

Game Type:

Bingo

Agency:Georgia Bureau of Investigation - Investigative Division
Age Restrictions:

Participants must be at least 18 years old.

Prize Limits:

The maximum bingo prize is $1,500 for a given calendar day and $3,000 for a given calendar week.

Foreign Qualification is Prerequisite:Not Set
Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

Initial Registration

Agency:Georgia Bureau of Investigation - Investigative Division
Form:

Application for New License

Agency Fee:

$100

Registration Renewal

Agency:Georgia Bureau of Investigation - Investigative Division
Form:

License Renewal

Agency Fee:

$100

Due:

Annually by October 31.

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

Foreign Qualification is Prerequisite:Not Set
Bond Requirements:

$10,000

Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

Initial Registration

Form:

Form S-100: Paid Solicitor Registration

Agency Fee:

$250

Original Ink: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:
  • Location of books and records
  • List all current and pending registrations in other state
  • Provide a brief description of the general character of the business to be conducted or proposed to be conducted
  • 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
  • Provide background information about all executive officers and full explanations of any prior legal wrongdoing
  • Designate control persons
    • Includes all partners, directors, affiliates, executive officers, and each person who directly or indirectly has the power to direct or cause the management and policies of the firm
    • Provide
      • Home address
      • Title 
      • Date of Birth
      • Social Security Number
      • Ten-year employment history
  • 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.

Georgia Raffle License

Not required



Charitable Gaming licensure is not required on the State level in Georgia.

Raffle licenses are issued by county sheriff offices. There is not state level raffle license.

Individual Licenses

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

Foreign Qualification is Prerequisite:Not Set
Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

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.



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