Fill Out a Valid Georgia S100 Template Edit Georgia S100 Here

Fill Out a Valid Georgia S100 Template

The Georgia S100 form serves as a crucial document for paid solicitors under the Georgia Charitable Solicitations Act of 1988, facilitating the process of registering with the Professional Licensing Boards and Securities Division. It outlines the necessary information and requirements, including fees and the legal obligations of solicitors regarding the collection and reporting of charitable contributions in the state of Georgia. With registration mandating an annual renewal by December 31, the form plays a pivotal role in ensuring compliance and ethical conduct in charitable solicitations within the state.

Edit Georgia S100 Here

In the realm of charitable work within Georgia, navigating the legal requirements is pivotal for maintaining transparency, accountability, and compliance with state laws. The Georgia S100 form stands as a cornerstone document for any entity or individual engaged as a paid solicitor for charitable purposes, necessitating thorough comprehension and accurate completion. Crafted under the auspices of the Georgia Charitable Solicitations Act of 1988, this form facilitates the registration process with the Georgia Secretary of State, ensuring that solicitations are conducted ethically and legally. Applicants are required to disclose comprehensive information, including organizational details, financial statements, and any past legal infringements relevant to charitable solicitation or general criminal history. Additionally, it outlines the necessity for a written contract between solicitors and charities, timely financial accounting, and strict adherence to regulations regarding solicitation campaigns. With registration expiring annually on December 31, prompt and precise submission of the S100 form, along with the associated nonrefundable fees—$250 for initial applications or reinstatements and $15 for amendments—is imperative to avoid disciplinary actions or the cessation of solicitation activities. Moreover, it emphasizes the importance of maintaining current, accurate records to support transparency and accountability. By adhering to these stipulations, paid solicitors can contribute to a culture of trust and integrity within Georgia's charitable landscape.

Form Example

Professional Licensing Boards and Securities Division

237 Coliseum Drive

Macon, GA 31217-3858

(478)207-2440

http://www.sos.ga.gov

Brian P. Kemp

Secretary of State

Georgia Charitable Solicitations Act

Paid Solicitor Registration

Shawnzia Thomas Division Director

EXECUTION PAGE

Statutory Fees

(Nonrefundable)

Make Check Payable to Georgia Secretary of State

INITIAL

APPLICATION

$250.00

REINSTATEMENT

Registration #: ___________________

$250.00

AMENDMENT

$15.00

WARNING: The registration of a paid solicitor expires on December 31 of each year. Failure to keep this form current and file accurate supplemental information on a timely basis, or failure to keep accurate books and records or otherwise comply with provisions of the Georgia Charitable Solicitations Act of 1988, will constitute a violation of said Act and may result in disciplinary, administrative, injunctive or criminal action. INTENTIONAL MISSTATEMENTS OR OMISSIONS OF FACT MAY CONSTITUTE CRIMINAL VIOLATIONS.

1. Official Name:

Address of Applicant (Paid Solicitor):

Mailing Address (if different):

2. Contact Person:

Telephone:

 

 

Email address for official correspondence:

 

 

 

3. Location of Books and Records:

 

EXECUTION: On behalf of the applicant identified above, for the purpose of complying with the Charitable Solicitations Act of 1988 (O. C. G. A. 43- 17-1 et seq.) (“Act”), I hereby certify that the applicant is in compliance with said Act and irrevocably appoints the Secretary of State of the State of

Georgia the agent for the applicant upon whom may be served any notice, process or pleading in any action or proceeding against the applicant arising out of, or founded upon, a violation or an alleged violation of said Act. The applicant hereby consents that any such action or proceeding against said applicant may be commenced in any court of competent jurisdiction and proper venue within the State of Georgia by service of process upon Secretary of State with the same effect as if the applicant was a resident of the State of Georgia and had been personally served with process. The undersigned hereby verifies that he had executed this form on behalf of, and with the authority of, said applicant. The undersigned and applicant represent that the information and statements contained herein, including the exhibits attached hereto, and other information filed herewith, are made a part hereof, are current, true and complete. The undersigned and applicant further represent that to the extent any information previously submitted is not amended, such information is currently accurate and complete.

Name of authorized Executive Officer (please type or print):

Signature of Executive Officer:

Date:

Title:

Official Witness (Notary)

THIS PAGE MUST ALWAYS BE COMPLETED IN FULL with original manual signature and notarization with seal. If filing an initial registration or reinstatement of registration, submit entire application. To amend, circle number(s) being amended. Registration does not become effective until all information on this application is received and approved. All paid solicitor registrations expire on December 31.

Form S100 Revised Dec 2013

Page 1 of 9

5. Fiscal Year Ends on (Month/Day):

APPLICANT’S NAME:

To amend, circle numbers being amended and file with a completed execution page (S100 page 1)

4.Status of registration in other jurisdictions

Enter “1” for pending registrations, “2” if already registered, and leave blank if not registered.

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ORGANIZATION

Date of Formation:

Place of Filing:

6. Applicant is a:

Corporation

 

Proprietorship

 

Partnership

Limited Liability Company

 

Other:

7.If FOREIGN Corporation, date qualified to transact business in Georgia:

8.Will applicant have physical possession or legal control over any contributions collected in or from the state of Georgia?

YES

 

NO

 

 

 

If yes, applicant must attach the following to this application:

(a)Fiscal year-end financial statement for period ending one year prior to date of filing, or for the preceding fiscal year if fiscal year has ended within 90 days of this filing OCGA 43-17-3(c)(3). ). Such financial statement must be prepared in accordance with generally accepted accounting principles.

(b)Surety bond satisfactory to the Secretary of State in the sum of $10,000 payable to the State of Georgia OCGA 43-17-4(a).

9.BRIEF DESCRIPTION OF BUSINESS. Provide a brief description of the general character of the business to be conducted or proposed to be conducted by the applicant:

CHAPTERS, BRANCHES, AND AFFILIATES

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.

Attach additional sheets as needed.

 

Address

Telephone

Designated Supervisor

 

 

 

 

 

Address

Telephone

Designated Supervisor

 

 

 

 

 

Address

Telephone

Designated Supervisor

 

 

 

 

 

Address

Telephone

Designated Supervisor

 

 

 

 

Form S100 Revised Dec 2013

Page 2 of 9

BACKGROUND INFORMATION

NOTE: (1) For the purpose of the following questions the term “executive officer” means the chief executive officer, the president, the principal financial officer, the principal operation officer, the treasurer or any other person performing similar functions.

(2)All YES answers to questions must be fully explained on page 4 of the application (attach additional sheets as needed) and you must complete Page 6 for a background investigation.

YES

NO

10.In the past ten years has the applicant, executive officer, or control person been convicted of or pled guilty or nolo contendere (no contest) to a felony or misdemeanor which:

(a) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses?

(b) Arises out of the conduct of solicitation of contributions for a charitable organization?

(c)Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds?

(d)Involves murder or rape?

(e)Involves assault or battery if such person proposes to be engaged in counseling, advising, housing, or sheltering individuals? Or

(f)Pled guilty or nolo contendere (no contest) to any other felony offense?

11. Has any court:

(a)in the past ten years enjoined the applicant or a executive officer in connection with any aspect of the fundraising business?

(b)ever found that the applicant or executive officer was involved in a violation of any state or federal law regarding fundraising or any other deceptive practice?

12. Has any local, state or federal government agency:

(a)ever found the applicant or executive officer to have made a false statement or omission or been dishonest, unfair or unethical?

(b)ever found the applicant or executive officer to have been involved in a violation of a fundraising law?

(c)ever found the applicant or executive officer to have been a cause of any fundraising organization having its authorization to do business denied, suspended, revoked or restricted?

(d)in the past ten years entered an order against the applicant or a executive officer in connection with any fundraising statute or deceptive practices?

(e)ever denied, suspended, or revoked the applicant’s or a executive officer’s registration or license, prevented it from association with a fundraising organization, or otherwise disciplined it by restricting its activities?

(f)ever revoked or suspended the applicant’s or a executive officer’s license as an attorney or accountant?

13.Is the applicant or executive officer now the subject of any proceeding that could result in a yes answer to any question contained herein?

14.Does the applicant have any unsatisfied judgments or liens against it or has it filed for any type bankruptcy?

ACKNOWLEDGEMENTS

By submitting this application, the applicant acknowledges the following statutory requirements:

(a)SOLICITATION CONTRACT REQUIRED. [OCGA 43-17-3(e)(1)] There must be a written contract between the paid solicitor and each charitable organization on whose behalf solicitations are conducted.

(b)SOLICITATION NOTICE. [OCGA 43-17-3(f)] A solicitation notice and a copy of each solicitation contract must be filed with the Secretary of State prior to the commencement of each solicitation campaign.

(c)POINT OF SOLICITATION DISCLOSURE. [OCGA 43-17-8] Each employee, agent, independent contractor or representative of the paid solicitor must provide at the point of solicitation the name and location of the paid solicitor, the name and location of the charitable organization for which the solicitation is being made, and a statement that a full and fair description of the charitable program and a financial statement or summary are available upon request.

(d)ACCOUNTING TO CHARITABLE ORGANIZATION. [OCGA 43-17-3(g)] Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account in writing to the charitable organization, and the Secretary of State, for all contributions and expenses paid.

(e)COLLECTIONS AND DEPOSITS. [OCGA 43-17-3(h)] Each monetary contribution received by the applicant shall, in its entirety and within three (3) business days of its receipt, be deposited in an account at a federally insured financial institution. Such account shall be in the name and under the sole control of the charitable organization.

(f)EXPIRATION. [OCGA 43-17-3(c)(6)] Registration for a paid solicitor, if granted, expires on December 31 of the year issued, and if not renewed shall terminate without further notice to the applicant.

(g)COMMERCIAL COVENTURERS. [OCGA 43-17-6] Any charitable sales promotion in conjunction with a commercial coventurer must be initiated only after a written contract that complies with the Code is entered into between the charitable organization and the commercial coventurer.

(h)AMENDMENTS TO REGISTRATION. [OCGA 43-17-3(c)(7)] Registration must be current and up to date at all times and must be amended within 30 days to reflect any material changes in operations of the paid solicitor.

Form S100 Revised Dec 2013

Page 3 of 9

(i)RECORDS. [OCGA 43-17-3(i)(1)] Solicitation campaign records must be prepared and maintained for no less than three years and be available for inspection by representatives of the Secretary of State.

(j)MISAPPROPRIATION OF FUNDS AND FRAUDULENT CONDUCT. [OCGA 43-17-12] The Georgia Charitable Solicitations Act of 1988 establishes that it is a felony to engage in fraudulent conduct or to misappropriate, convert or illegally withhold contributions collected pursuant to the Act.

EXPLANATION TO APPLICATION QUESTIONS

This section must be used to explain any YES answers on the previous pages.

It may also be used to explain the answers to any other questions on the application.

Attach additional sheets as needed.

Explanation:

Form S100 Revised Dec 2013

Page 4 of 9

APPLICANT’S NAME:

CONTROL PERSONS

The applicant must provide the following information for each person who directly or indirectly, has the power to direct or cause the direction of the management and policies of the applicant whether through the authority of voting securities, by contract or otherwise. The term control person includes, but is not limited to, each general partner, limited partner, director, affiliate or executive officer or person holding similar position.

Make additional copies of this form as needed.

(Please type or print)

Name:

Title:

Address:

City:

State:

Zip Code:

Date of Birth:

Social Security Number:

The person named above MUST provide a ten year employment history

beginning with the most recent employment.

Attach separate sheets if needed.

All persons who have custody of charitable donations must submit to a criminal background check.

By signing this form the person named above authorizes the Secretary of State to conduct a criminal history check pursuant to the paid solicitor’s registration in the State of Georgia.

Signature of Control Person

This

 

Day of

Official Witness (Notary)

Signature

Form S100 Revised Dec 2013

Page 5 of 9

Georgia Bureau of Investigation

Georgia Crime Information Center

Consent Form

I hereby authorize the Office of Secretary of State Charities Division to receive any Georgia criminal history record information pertaining to me which may be in the files of any state or local criminal justice agency in Georgia.

_____________________________________________________________________________

Full Name (print)

_____________________________________________________________________________

Address

_____

_____

__________________

_________________________

Sex

Race

Date of Birth

Social Security Number

___________________________________________________

Signature

__________________

Date

---------------------------------------------------------------------------------------------------------------------

Special employment provisions (check if applicable):

Employment with mentally disabled (Purpose code ‘M’)

Employment with elder care (Purpose code ‘N’)

Employment with children (Purpose code ‘W’)

Employment with criminal justice agency – civilian (Purpose code ‘J’) Employment with criminal justice agency – P.O.S.T. certified (Purpose code ‘Z’)

One of the following must be checked:

This authorization is valid for 90/180/_____ (circle one) days from date of signature.

I, _______________________________________________ give consent to the above named to

perform periodic criminal history background checks for the duration of my employment with this company.

Form S100 Revised Dec 2013

Page 6 of 9

AFFIDAVIT OF APPLICANT

I certify and declare that I am of good moral character and that all information contained in this application is true and correct, to the best of my knowledge. I understand that any willful omission or falsification of pertinent information required in the application is justification for the denial, suspension, or revocation of my registration by the Commission. I further swear and affirm that I have read and understand the current state laws and rules and regulations of the Georgia Paid Solicitor Regulatory Commission and I agree to abide by these laws and rules, as amended from time to time.

By signing this application, electronically or otherwise, I hereby swear and affirm one of the following to be true and accurate pursuant to O.C.G.A. § 50-36-1:

1) _______ I am a United States citizen 18 years of age or older. Please submit a copy of your current Secure and

Verifiable Document(s) such as driver’s license, passport, or document as indicated on pages 7 & 8 of this application.

2) _______ I am not a United States citizen, but I am a legal permanent resident of the United States 18 years of

age or older, or I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older with an alien number issued by the Department of Homeland Security or other federal immigration agency. Please submit a copy of your current immigration document(s) which includes either your Alien number or your I-94 number and, if needed, SEVIS number.

I also understand that if I have made a false statement on the application, or if I am found to have been convicted of a felony and have not had all of my civil rights restored pursuant to the law, the Commission may suspend my registration without a prior hearing. I shall be entitled to a hearing after the suspension of my registration.

I understand that I must maintain the records required by the Commission, and I shall make the records available for inspection by the Georgia Paid Solicitor Regulatory Commission, or its authorized representative, at any time during normal business hours.

In making the above attestation, I understand that any failure to make full and accurate disclosures may result in disciplinary action by the Georgia Paid Solicitor Regulatory Commission and/or criminal prosecution.

_____________________________________________________

Signature of ApplicantDate

_____________________________________________________

Print Applicant’s Name

Personally appeared before me, the undersigned official authorized to administer oaths, comes

_______________________________who deposes and swears that he/she is the person who executed this

(Applicant’s Name)

application for a license by examination for Paid Solicitor in the State of Georgia; and that all of the statements

herein contained are true to the best of his/her knowledge and belief.

Sworn to and subscribed before me this ______ day of ___________________, 2________

Notary Public Signature ________________________________

________________________________

 

County

State

My Commission Expires ______________________

(seal)

Form S100 Revised Dec 2013

Page 7 of 9

APPLICANT: PLEASE CHECK THE FORM OF IDENTIFICATION BELOW THAT YOU POSSESS. RETURN THIS FORM ALONG WITH A COPY OF YOUR APPROPRIATE DOCUMENTATION.

________________________________________

Name

Secure and Verifiable Documents Under O.C.G.A. § 50-36-2

Issued August 1, 2011 by the Office of the Attorney General, Georgia

The Illegal Immigration Reform and Enforcement Act of 2011 (“IIREA”) provides that “[n]ot later than

August 1, 2011, the Attorney General shall provide and make public on the Department of Law’s website a

list of acceptable secure and verifiable documents. The list shall be reviewed and updated annually by the Attorney General.” O.C.G.A. § 50-36-2(f). The Attorney General may modify this list on a more frequent

basis, if necessary.

The following list of secure and verifiable documents, published under the authority of O.C.G.A. § 50-36-2, contains documents that are verifiable for identification purposes, and documents on this list may not necessarily be indicative of residency or immigration status.

_____ A United States passport or passport card [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]

_____A United States military identification card [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]

_____A driver’s license issued by one of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]

_____An identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto

Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]

_____A tribal identification card of a federally recognized Native American tribe, provided that it contains a

photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer. A listing of federally recognized Native American tribes may be found at: http://www.bia.gov/WhoWeAre/BIA/OIS/TribalGovernmentServices/TribalDirectory/index.htm [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]

_____A United States Permanent Resident Card or Alien Registration Receipt Card [O.C.G.A. § 50-36-2(b)(3); 8

CFR § 274a.2]

_____An Employment Authorization Document that contains a photograph of the bearer [O.C.G.A. § 50-36-2(b)(3); 8

CFR § 274a.2]

_____A passport issued by a foreign government [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]

Form S100 Revised Dec 2013

Page 8 of 9

_____A Merchant Mariner Document or Merchant Mariner Credential issued by the United States Coast Guard

[O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]

_____A Free and Secure Trade (FAST) card [O.C.G.A. § 50-36-2(b)(3); 22 CFR § 41.2]

_____A NEXUS card [O.C.G.A. § 50-36-2(b)(3); 22 CFR § 41.2]

_____A Secure Electronic Network for Travelers Rapid Inspection (SENTRI) card [O.C.G.A. §50-36-2(b)(3); 22 CFR

§ 41.2]

 

_____A driver’s license issued by a Canadian government authority [O.C.G.A. § 50-36-2(b)(3); 8 CFR §

274a.2]

_____A Certificate of Citizenship issued by the United States Department of Citizenship and Immigration

Services

(USCIS) (Form N-560 or Form N-561) [O.C.G.A. § 50-36-2(b)(3); 6 CFR § 37.11]

 

_____A Certificate of Naturalization issued by the United States Department of Citizenship and Immigration

Services (USCIS) (Form N-550 or Form N-570) [O.C.G.A. § 50-36-2(b)(3); 6 CFR § 37.11]

_____In addition to the documents listed herein, if, in administering a public benefit or program, an agency is required

by federal law to accept a document or other form of identification for proof of or documentation of identity, that document or other form of identification will be deemed a secure and verifiable document solely for that particular program or administration of that particular public benefit. [O.C.G.A. § secure and 50-36-2(c)]

Form S100 Revised Dec 2013

Page 9 of 9

Document Details

Fact Detail
Governing Law The form is governed by the Georgia Charitable Solicitations Act of 1988 (O.C.G.A. 43-17-1 et seq.)
Purpose It is used for the registration of paid solicitors with the Georgia Secretary of State under the Charitable Solicitations Act.
Initial Application Fee $250.00, which is nonrefundable.
Reinstatement Fee Also set at $250.00.
Amendment Fee A much lower fee of $15.00 is required for amendments to the registration.
Expiration Date All paid solicitor registrations expire on December 31 of each year.
Recordkeeping Requirements Applicants must keep accurate books and records and comply with the Act to avoid violations.
Criminal Penalties Intentional misstatements or omissions of fact on the form may constitute criminal violations under the Act.

Detailed Guide for Using Georgia S100

After deciding to engage in charitable solicitations in Georgia, it's important to ensure compliance with the state's regulations by properly filling out and submitting the Georgia S100 form. This form is key to operating legally and transparently, helping to build trust with contributors and the general public. The following steps guide through the process of completing this form to avoid any potential administrative hiccups or legal issues.

  1. Start by writing a $250 check payable to the Georgia Secretary of State if this is an initial application or reinstatement. For amendments, prepare a $15 check.
  2. Enter the professional or official name of the paid solicitor in the designated space.
  3. Fill in the address of the applicant and, if applicable, a different mailing address.
  4. Provide the contact details of a designated person, including their telephone number and an email address for official correspondence.
  5. State the location where the books and records are kept.
  6. On the execution page, an authorized executive officer must certify compliance with the Georgia Charitable Solicitations Act, appoint the Secretary of State as the agent for service of process, and verify the accuracy of the form's content. This section must be completed with the officer's name (printed), signature, date, and title, followed by an official witness or notary's signature and seal.
  7. Specify the end date of the fiscal year (Month/Day).
  8. Indicate the status of registration in other jurisdictions by entering "1" for pending, "2" for registered, or leaving blank if not registered, across all listed states.
  9. Identify the type of entity applying (e.g., Corporation, Proprietorship, Partnership, Limited Liability Company, or Other).
  10. If applicable, provide the date a foreign corporation was qualified to transact business in Georgia.
  11. Answer whether the applicant will have physical possession or legal control over contributions collected in Georgia. If "Yes," attach the required fiscal year-end financial statement and a $10,000 surety bond payable to the State of Georgia.
  12. Provide a brief description of the business, including the nature of the proposed activities.
  13. List any chapters, branches, and affiliates within Georgia, including each entity's name, address, telephone, and designated supervisor.
  14. Disclose any relevant background information regarding the applicant, executive officers, or control persons' past criminal, legal, or regulatory issues by answering "Yes" or "No" to the questions provided. Include explanations for any "Yes" answers on the additional explanation space provided or attach additional sheets if necessary.
  15. Complete the Control Persons section for each person with significant influence over the applicant, providing their full name, title, address, birth date, Social Security Number, and a 10-year employment history. They must sign and date the form, consenting to a criminal background check.

After carefully completing all sections of the Georgia S100 form and attaching any necessary documents, submit the entire application to the address provided on the form. Ensure all information is current, accurate, and complete to facilitate a smooth review process. Remember, maintaining compliance with updates or changes in business operations is crucial to uphold the registration's validity and avoid potential legal complications.

More About Georgia S100

  1. What is the Georgia S100 form?

    The Georgia S100 form is an official document used for the registration of paid solicitors who intend to solicit contributions for charitable purposes in the State of Georgia. It is a requirement set out under the Georgia Charitable Solicitations Act of 1988, ensuring that solicitation activities are conducted transparently and legally. The form facilitates compliance with statutory obligations, including accurate record-keeping and disclosures to potential donors.

  2. Who needs to fill out the S100 form?

    Any paid solicitor planning to engage in fundraising activities on behalf of a charitable organization within Georgia must complete and submit the S100 form. This includes individuals or entities that receive compensation for soliciting donations, regardless of the method used for solicitation. It is crucial for maintaining accountability and integrity in charitable solicitations.

  3. What are the fees associated with the initial S100 form application?

    The initial application fee for registration as a paid solicitor in Georgia is $250.00. This fee must be paid to the Georgia Secretary of State and is nonrefundable. The purpose of the fee is to cover the administrative costs associated with the processing of applications and the maintenance of registration records.

  4. How often do I need to renew my S100 registration?

    All paid solicitor registrations expire on December 31st of each year. To maintain a valid registration status, paid solicitors must renew their registration annually, adhering to the requirements and deadlines set forth by the Georgia Secretary of State. Failure to renew on time can result in the termination of registration status.

  5. What happens if I fail to comply with the Georgia Charitable Solicitations Act?

    Non-compliance with the provisions of the Georgia Charitable Solicitations Act can lead to disciplinary, administrative, injunctive, or criminal action. This may include penalties such as fines, revocation of registration, or legal action in cases of intentional misstatements or omissions of facts, fraudulent conduct, or misappropriation of funds.

  6. Is a surety bond required for the S100 registration?

    Yes, if the applicant will have physical possession or legal control over any contributions collected in or from Georgia, a surety bond in the sum of $10,000 payable to the State of Georgia is required. This bond acts as a financial safeguard, ensuring that funds are managed and utilized as intended for charitable purposes.

  7. What information must be included with the S100 application?

    In addition to the completed form, applicants must provide a brief description of their business activities, financial statements prepared according to generally accepted accounting principles for the fiscal year ending one year prior to the filing, and a $10,000 surety bond if applicable. Details of affiliated branches or chapters within Georgia and the directors of each must also be included.

  8. What are the consequences of submitting false information on the S100 form?

    Intentional misstatements or omissions of fact on the S100 form may constitute criminal violations. Providing false information can lead to severe legal repercussions, including fines, imprisonment, or both, in addition to the revocation of the paid solicitor’s registration.

  9. How can I amend my S100 registration?

    To amend your registration, circle the number(s) being amended on the form and submit a completed execution page along with the amendments. Amendments must be filed within 30 days of any material changes in operations and are necessary to ensure that the registration remains current and accurate.

  10. Where can I find more information or get assistance with the S100 form?

    For more information or assistance with completing the S100 form, you can contact the Professional Licensing Boards and Securities Division at (478)207-2440 or visit the official website at http://www.sos.ga.gov. Their support staff can provide guidance and answer any questions related to the registration process and compliance requirements.

Common mistakes

When filling out the Georgia S100 form for paid solicitor registration under the Georgia Charitable Solicitations Act, individuals often make a number of mistakes that can delay the process or lead to the rejection of their application. To ensure that the application is completed accurately and submitted correctly, here are seven common mistakes to avoid:

  1. Not including the nonrefundable statutory fee: Applicants sometimes forget to include the initial application fee, reinstatement fee, or amendment fee. It is crucial to make the check payable to the Georgia Secretary of State and ensure that the correct amount is enclosed.
  2. Failing to complete the execution page fully: The execution page must be completed in full, with an original manual signature and notarization with seal. Incomplete or incorrect information on this page can lead to the application being delayed or not accepted.
  3. Incorrect information regarding the status of registration in other jurisdictions: When indicating the status of registration in other states, it is important to use "1" for pending registrations, "2" if already registered, and leave blank if not registered. Misrepresentation or errors in this section can create delays.
  4. Omitting background information: Any "YES" answers to questions regarding the past conduct of the applicant, executive officer, or control person must be fully explained. Failing to provide these explanations can result in the application being deemed incomplete.
  5. Not attaching required documents: If the applicant will have physical possession or legal control over contributions collected in or from the state of Georgia, certain documents like a fiscal year-end financial statement and a surety bond must be attached. Failing to attach these documents can prevent the application’s approval.
  6. Leaving mandatory fields blank: Every field and section of the form requires attention. Mandatory fields left blank, such as the applicant's name, type of organization, or fiscal year end, can lead to processing delays.
  7. Forgetting to update registration information or notify about amendments within 30 days: The paid solicitor's registration must be current and updated to reflect any material changes within 30 days. Neglecting to amend registration details can result in non-compliance with the Act.

Being meticulous and ensuring accuracy when completing the Georgia S100 form is paramount. These common mistakes can be easily avoided by double-checking all entries, enclosing the required fees, and ensuring that all necessary documentation is attached before submission.

Documents used along the form

When completing the Georgia S100 form for registering as a paid solicitor under the Georgia Charitable Solicitations Act, there are several additional documents and forms often required to ensure full compliance and thorough submission. These documents are essential for providing the necessary details and legal compliance required by the Georgia Secretary of State. Understanding each of these additional documents can simplify the registration process.

  • Solicitation Contract: This is a written agreement between the paid solicitor and the charity organization for which they are raising funds. It outlines the terms of engagement, services to be provided, and compensation details. This contract is a mandatory requirement as per the Georgia Charitable Solicitations Act.
  • Solicitation Notice: Before starting any fundraising campaign, a solicitation notice must be filed with the Secretary of State. This notice includes details about the solicitation campaign, including the start and end dates, and a copy of the solicitation contract.
  • Financial Statement: A recent financial statement prepared in accordance with generally accepted accounting principles (GAAP) must be attached to the application. This is critical for demonstrating the financial status of the solicitor and ensuring transparency in operations.
  • Surety Bond: Applicants must provide a surety bond in the sum of $10,000, payable to the State of Georgia. This bond acts as a financial guarantee from the solicitor to uphold the terms of the registration and protect the interests of the charity organizations and their donors.
  • Background Check Authorization: To ensure the integrity of those involved in charitable solicitations, a comprehensive background check is conducted by the Secretary of State. Applicants must submit authorization for this background check, highlighting their commitment to maintaining a trustworthy fundraising environment.

Navigating the documentation and requirements for paid solicitors in Georgia requires attention to detail and understanding of the Charitable Solicitations Act's legal framework. By gathering and accurately completing these necessary forms and documents alongside the S100 form, applicants can ensure a smoother registration process, ultimately allowing them to focus on their crucial work of raising funds for charitable causes.

Similar forms

The Georgia S100 form, required for paid solicitors by the state of Georgia under the Georgia Charitable Solicitations Act, delineates a set of rules and requirements very similar to those outlined in forms for charitable organization registration in other states, such as the California CT-1 Form and the New York CHAR410 Form. These forms all serve a common purpose: to register and provide critical information about organizations or individuals engaging in fundraising activities within the respective states. Each of them mandates the disclosure of detailed information about the organization's or solicitor's operational, financial, and managerial aspects to ensure compliance with state laws designed to protect the public from fraudulent solicitation practices.

The California CT-1 Form, utilized by charitable organizations to register with the California Attorney General's Registry of Charitable Trusts, shares several similarities with the Georgia S100 form. Both require comprehensive details about the organization’s operations, including the names and addresses of key officials, financial statements, and a description of the organization's purpose and fundraising activities. They similarly mandate disclosing any past legal or regulatory issues faced by the organization or its key personnel, reflecting a shared objective of ensuring transparency and accountability in charitable solicitations and protecting donors from deceptive practices.

Likewise, the New York CHAR410 Form, required for charitable organizations soliciting in the state of New York, parallels the S100 form in its requirements for detailed information on the organization's governance, financial status, and fundraising activities. Both forms are designed to guard the public against fraudulent and unethical solicitation practices by ensuring organizations are legitimate, properly managed, and financially accountable. Additionally, they both serve the purpose of providing potential donors with accessible information to make informed decisions about their contributions, reinforcing the importance of transparency in charitable solicitations.

Dos and Don'ts

When filling out the Georgia S100 form for professional licensing and paid solicitor registration under the Georgia Charitable Solicitations Act, it is crucial to adhere to a specific set of guidelines to ensure compliance and avoid potential fines, disciplinary actions, or criminal charges. Here are essential dos and don'ts to consider:

  • Do ensure that every section of the application is completed thoroughly. Incomplete forms could delay processing or result in rejection.
  • Do verify the accuracy of all provided information, including addresses and contact details, to prevent any misconceptions or legal issues.
  • Do include the nonrefundable statutory fees with the application by making a check payable to the Georgia Secretary of State, as required.
  • Do appoint the Secretary of State of Georgia as the agent for service of process, acknowledging their authority to receive legal documentation.
  • Do attach all required documents, such as financial statements and a surety bond, especially if the applicant will have control over contributions from the state of Georgia.
  • Don't overlook the need for a notarized signature on the execution page. This formalizes the authenticity of the application and its adherence to state law.
  • Don't ignore the necessity of disclosing any criminal background information for all executive officers or control persons involved, as this is critical for maintaining public trust and compliance.
  • Don't submit the form without reviewing all attached sheets and additional documents for completeness and accuracy, as these form an integral part of the application and its assessment.

Adhering to these guidelines will not only facilitate a smoother application process but also ensure compliance with the Georgia Charitable Solicitations Act, safeguarding the applicant's ability to operate within the legal boundaries set by the state. Always remember to keep updated records and amend registration information within 30 days of any significant changes to remain in good standing.

Misconceptions

When navigating the complexities of the Georgia S100 form, it's essential to dispel some common misconceptions that can lead to confusion. This form, related to the registration of paid solicitors under the Georgia Charitable Solicitations Act, plays a crucial role in ensuring transparency and compliance in charitable solicitation activities. Let's clear up some of the common misunderstandings:

  • It's only for charities based in Georgia: One common misconception is that the S100 form is exclusively for charities that are physically located within Georgia. In reality, the form is required for any paid solicitor who plans to solicit donations within the state, regardless of where the charity or solicitor is based.
  • Annual registration isn't necessary: Another misunderstanding is the belief that once a paid solicitor is registered, they do not need to renew their registration annually. This is incorrect; paid solicitors must renew their registration by December 31st each year to ensure compliance and continuation of their solicitation activities in the state.
  • No need to update information unless re-registering: Some might think updates to the form are only required when re-registering. However, any material changes in the operations or information of the paid solicitor must be amended on the form within 30 days of the change.
  • Financial statements are optional: There's a misconception that providing financial statements is optional. According to the Georgia Charitable Solicitations Act, applicants must attach fiscal year-end financial statements if they will have physical possession or legal control over contributions collected from the state. This ensures financial transparency and accountability.
  • "Convictions don't matter if they're old": Sometimes, applicants believe that older convictions of the paid solicitor or executive officers aren't relevant to the application. However, the form specifically asks about any convictions in the past ten years related to charitable solicitations or related offenses, indicating their significance in the evaluation process.
  • A surety bond is always required: While the S100 form does mention the need for a surety bond, it specifies this requirement only if the solicitor will have physical possession or legal control over contributions in Georgia. It's a conditional requirement, not a blanket rule for all applicants.
  • The registration process is overly complicated: Finally, there's a perception that the S100 form and its associated registration process are unduly complicated. In fact, the form is designed to gather essential information to ensure that solicitation activities are conducted ethically and in compliance with state laws. Proper preparation and understanding of requirements can streamline the process significantly.

Addressing these misconceptions head-on not only clarifies the purpose and requirements of the Georgia S100 form but also reinforces the importance of compliance and transparency in charitable solicitations. By doing so, charities and their paid solicitors can focus on their critical work, knowing they are meeting their legal obligations.

Key takeaways

When filling out and using the Georgia S100 form, understanding its components and the requirements set forth by the state is crucial for professionals in the field of charitable solicitations. Below are key takeaways encompassing important aspects of this form and its procedural context.

  • The Georgia S100 form is utilized for the registration of paid solicitors under the Georgia Charitable Solicitations Act of 1988.
  • There are statutory fees associated with the initial application, reinstatement, and amendments, which are non-refundable. Specifically, the initial application and reinstatement fees are $250 each, and amendment fees are $15.
  • The form highlights the importance of maintaining accurate records and compliance with the Georgia Charitable Solicitations Act to avoid potential disciplinary actions.
  • Intentional misstatements or omissions of fact on the form can lead to criminal violations, emphasizing the need for honesty and accuracy in reporting.
  • All paid solicitor registrations expire on December 31 of each year, and it is crucial to renew this registration timely to ensure continuous compliance.
  • Applicants must designate an agent for service of process, usually the Secretary of State of Georgia, which allows legal actions to be initiated against them within Georgia's jurisdiction if necessary.
  • Requirements include detailed information about the business, such as the general character of the business, status of registrations in other jurisdictions, and information regarding control persons and their backgrounds.
  • The form requires a detailed list of chapters, branches, and affiliates within the State of Georgia, including their addresses and designated supervisors, to ensure statewide compliance and oversight.
  • Apart from the application, applicants must acknowledge several statutory requirements, such as the need for a written contract with charitable organizations, timely filing of solicitation notices, and proper collections and deposits practices.
  • Applicants are subject to background checks, particularly if in the past ten years they were convicted or pled guilty or nolo contendere to certain offenses, mainly those involving fraudulent activities or misappropriation of funds.
  • The application mandates a written explanation for any "Yes" answers to background questions, requiring applicants to disclose and elaborate on past legal or compliance issues.
  • The S100 form also stresses the significance of keeping solicitation campaign records for at least three years and making them available for inspection by the Secretary of State, ensuring transparency and accountability in charitable solicitations.

Understanding these key points ensures that applicants provide complete and accurate information when registering as paid solicitors in Georgia, thus facilitating compliance with state requirements and fostering trust in the charitable solicitations process.

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