reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-28 - CABLE/VIDEO STATE FRANCHISE › Rule 590-7-28-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1)
"Cable
				Service Provider".
As used herein the term "cable service provider"
				means an entity providing cable service as defined in O.C.G.A. §
									36-76-2.
(2)
"Franchise" or "State
				Franchise".
As used herein the term "franchise" or "state franchise"
				means an initial authorization or renewal of an authorization issued by the
				Secretary of State to a cable service provider or video service provider that
				authorizes the construction or operation of a cable service provider or video
				service provider's network in the public rights of way.
(3)
"Franchise Authority" or "State
				Franchise Authority".
As used herein the term "franchise authority" or
				"state franchise authority" means the Secretary of State.
(4)
"Holder" or "Certificate
				Holder".
As used herein the term "holder" or "certificate holder" means
				a cable service provider or video service provider that has been issued a state
				franchise.
(5)
"Public Right
				of Way".
As used herein the term "public right of way" means the area
				in, on, along, over, or under the public roads that are part of the municipal
				or county road system or the state highway system.
(6)
"Service Area".
As used
				herein the term "service area" means the geographic territory within a
				municipality or unincorporated area of a county where a cable service provider
				or video service provider provides or has proposed to offer cable service or
				video service pursuant to a franchise.
(7)
"State Franchise
				Certificate".
As used herein the term "state franchise certificate"
				means the certificate issued by the Secretary of State certifying that a state
				franchise has been issued by the Secretary of State to the certificate
				holder.
(8)
"Video Service
				Provider".
As used herein the term "video service provider" means an
				entity providing video service as defined in O.C.G.A. §
									36-76-2.
O.C.G.A. §
										36-76-2.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-28 - CABLE/VIDEO STATE FRANCHISE › Rule 590-7-28-.02 - Renewal of State Franchise

Current through Rules and Regulations filed through June 27, 2024
(1) A state franchise shall be effective for
				a term of ten years from the date of issuance; and, upon application filed
				within six (6) months prior to the expiration of such term on a form to be
				furnished by the Secretary of State, the state franchise may be renewed for a
				like term. There is no fee for renewal except a $50.00 processing fee payable
				to the Secretary of State, which shall accompany the application for renewal of
				the state franchise. The holder of a renewing state franchise shall provide a
				copy of its renewal application to each affected municipal or county governing
				authority within seven (7) business days following the delivery of the
				application to the Secretary of State.
(2) A state franchise may be renewed for
				successive periods of ten (10) years in like manner.
(3) The Secretary of State may send a renewal
				notification to holders of state franchises within six (6) months preceding the
				expiration of the state franchise for informational purposes. The renewal
				notification will be sent by mail or electronic methods, such as email, to the
				last known address of the holder. Renewal notifications will not be sent to
				those state franchises that are expired or terminated.
(4) Pursuant to O.C.G.A §
									36-76-4(d)(3), a state franchise expires if it is not renewed by its expiration date. An
				expired state franchise may not be renewed or reinstated. If the holder of an
				expired state franchise wishes to continue to hold a state franchise in
				Georgia, then that holder must apply for a new state franchise.
O.C.G.A §
										36-76-4.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-29 - STRUCTURED SETTLEMENT PURCHASE COMPANIES › Rule 590-7-29-.03 - Dishonored Payments

Current through Rules and Regulations filed through June 27, 2024
(1) Checks or other forms of payment returned
				to the Secretary of State because of nonpayment and/or charge backs of credit
				card or debit card payments (hereinafter referred to as the "dishonored" or
				"dishonored payment") shall be processed according to the following procedures:
(a)
Pending Filings.
1. The filing for which the payment was made
				shall be placed in "pending," "hold," or similar status and the nonpayment of
				fees noted upon the records of the Secretary of State;
2. A notice of nonpayment demanding immediate
				payment shall be issued to the person who submitted the payment;
3. If payment is not received within sixty
				(60) calendar days from the date of notice of nonpayment, the filing will be
				deemed abandoned as provided in Rule  590-7-29-.05(3); and
4. If the filing is deemed abandoned, all
				records pertaining to the filing shall be destroyed and a new filing, including
				the payment of filing fees, shall be required. Any filing fees submitted with
				the new filing may be required to be paid by cashier's check or United States
				Postal Service money order.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-29 - STRUCTURED SETTLEMENT PURCHASE COMPANIES › Rule 590-7-29-.04 - Filing of Documents

Current through Rules and Regulations filed through June 27, 2024
(1) The filing of the documents by a
				structured settlement purchase company shall be made with the Secretary of
				State in the following manner:
(a) By mailing
				the required documents and fees to the Secretary of State at 2 Martin Luther
				King, Jr. Drive, Suite 313 West Tower, Atlanta, Georgia 30334;
(b) By delivering the required documents and
				fees to the Secretary of State at the address referred to in subparagraph (a)
				above; or
(c) By electronic
				transmission in the manner authorized by the Division on its website.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-29 - STRUCTURED SETTLEMENT PURCHASE COMPANIES › Rule 590-7-29-.05 - Returned Documents

Current through Rules and Regulations filed through June 27, 2024
(1)
Documents must be complete.
The Secretary of State may return any documents that are not complete and
				appropriate for filing. The returned documents shall be accompanied by a
				Deficient Document Notice with an explanation of the rejection or deficiency,
				and an acknowledgement of the receipt by the Secretary of State for the filing
				fee, if applicable.
(2)
Correcting deficient filings.
The documents may be corrected and
				returned to the Secretary of State for processing. The filer must attach to the
				corrected and returned documents the Deficient Document Notice issued by the
				Secretary of State. If the corrected documents are returned to the Secretary of
				State by the filer within sixty (60) days of the date of the Deficient Document
				Notice, the filing date will be the date the corrected and completed filing is
				received by the Secretary of State.
(3)
Abandoned filings.
If the
				filing is not returned to and received by the Secretary of State within sixty
				(60) days of the date of the Deficient Document Notice, it will be deemed
				abandoned and all records pertaining to the filing may be destroyed. A new
				filing, including payment of the filing fees to the Secretary of State, will be
				required to complete the filing.
O.C.G.A. §
											51-12-73.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-7 - COMMISSIONER OF CORPORATIONS › Subject 590-7-29 - STRUCTURED SETTLEMENT PURCHASE COMPANIES › Rule 590-7-29-.06 - Renewal of Structured Settlement Purchase Company Registration

Current through Rules and Regulations filed through June 27, 2024
(1) A structured
				settlement purchase company registration shall be effective for a term of one
				(1) year from the date of issuance; and, upon renewal application filed within
				sixty (60) days prior to the expiration of such term on a form to be furnished
				by the Secretary of State, the registration may be renewed for a like term. The
				fee for renewal is listed in the fee schedule published and maintained by the
				Secretary of State, and the fee payment, payable to the Secretary of State,
				shall accompany the application for renewal of the registration. Also
				accompanying the renewal application shall be a copy of the bond, letter of
				credit, or cash bond in compliance with the provisions of the Georgia
				Structured Settlement Protection Act (O.C.G.A.
				 51-12-71, et seq.).
(2) A structured
				settlement purchase company registration may be renewed for successive periods
				of one (1) year in like manner.
(3)
				The Secretary of State may send a renewal notification to a structured
				settlement purchase company registrant within sixty (60) days preceding the
				expiration of the registration for informational purposes. The renewal
				notification will be sent by mail or electronic methods, such as email, to the
				last known address of the registrant. Renewal notifications will not be sent to
				those registrants with expired, cancelled, inactive, or terminated
				registrations.
(4) A structured
				settlement purchase company registration expires if it is not renewed by its
				expiration date. An expired registration may not be renewed, reactivated, or
				reinstated. If the registrant wishes to continue to be registered as an active
				structured settlement purchase company in Georgia, then that registrant must
				apply for a new structured settlement purchase company registration.
O.C.G.A. §
											51-12-73.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-8 - ELECTIONS DIVISION › Subject 590-8-1 - CERTIFICATION OF VOTING SYSTEMS › Rule 590-8-1-.01 - Certification of Voting Systems

Current through Rules and Regulations filed through June 27, 2024
(a)
Purpose.
1. These Rules establish performance
				requirements and characteristics for voting systems and their components used
				in the State of Georgia and identify performance characteristics of these
				systems and components.
2.
				Compliance with the requirements of these Rules shall be assessed by means of
				code analysis, formal tests, and documentation review.
3. The intent of these Rules is to assure
				that hardware, firmware, and software have been shown to be reliable, accurate,
				and capable of secure operation before they are used in elections in the State.
				Hardware, firmware, and software products with performance proven in commercial
				applications are deemed inherently acceptable, provided that they are shown to
				be compatible with the operational and administrative requirements of the
				voting environment. Products not in wide commercial use, regardless of their
				performance histories, shall require Qualification, Certification, and
				Acceptance tests before they can be used.
4. These rules are intended to assist local
				jurisdictions in identifying products and provide a standardized terminology
				which shall facilitate the specification and demonstration of system
				requirements.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-8 - ELECTIONS DIVISION › Subject 590-8-1 - CERTIFICATION OF VOTING SYSTEMS › Rule 590-8-1-.02 - Verification of Voter Registration Information

Current through Rules and Regulations filed through June 27, 2024
(1) The board of registrars shall enter the
				information contained on voter registration applications into the statewide
				voter registration database in a timely manner.
(2) Verification of applicant's United States
				citizenship.
(a) Georgia driver's license
				number or identification card number.
1. If
				an applicant submits an application for registration and uses the applicant's
				Georgia driver's license number or identification card number for evidence of
				United States citizenship purposes, the Secretary of State shall attempt to
				match such number to the Department of Driver Services database.
2. If the Department of Driver Services
				records indicate that the applicant is not a United States citizen in the
				Department of Driver Services database, the Secretary of State shall attempt to
				verify the applicant's United States citizenship status with the United States
				Citizenship and Immigration Services utilizing the Systematic Alien
				Verification for Entitlements program. Such verification will indicate whether
				the applicant is designated as a citizen of the United States within the
				Verification Information System database.
3. If the Department of Driver Services
				cannot confirm that the applicant has provided satisfactory evidence of United
				States citizenship to the Department of Driver Services and the Secretary of
				State cannot confirm the applicant's United States citizenship through the
				Systematic Alien Verification for Entitlements program, the board of registrars
				shall take the following steps:
(i) The board
				of registrars shall ensure that the Georgia driver's license number or
				identification card number was entered correctly into the statewide voter
				registration system. If the board of registrars determines the number was not
				entered correctly, the board of registrars shall correct the driver's license
				number or identification card number in the statewide voter registration
				system. The Secretary of State shall match the new driver's license number or
				identification card number to the Department of Driver Services
				database.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-8 - ELECTIONS DIVISION › Subject 590-8-3 - SECURITY OF VOTER REGISTRATION SYSTEM › Rule 590-8-3-.01 - Standards for Security of Voter Registration System

Current through Rules and Regulations filed through June 27, 2024
(a) Definitions:
(1) "User" means a state or county employee
				who was credentialed access to the Voter Registration Application.
(2) "Voter Registration Application" means
				the state maintained application used by county registrars to process voter
				registrations in Georgia in order to maintain a list of eligible and qualified
				voters. The Voter Registration Application does not include public-facing
				websites like My Voter Page or Online Voter Registration.
(3) "Voter Registration Database" means the
				state maintained data repository that houses the list of eligible and qualified
				voters entered into the Voter Registration Application.
(4) "Voter Registration System" means both
				the Voter Registration Application and the Voter Registration
				Database.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-1 - RULES OF GENERAL APPLICABILITY › Rule 590-9-1-.02 - Delegation to Division Director

Current through Rules and Regulations filed through June 27, 2024
The Division Director is empowered to sign all documents,
				 make all decisions and perform all acts under the Code. This power may be
				 exercised by the Division Director and all acts of the Division Director are of
				 the same force and effect as such acts would be if performed by the Secretary
				 of State.
O.C.G.A. Sec.
				  43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-1 - RULES OF GENERAL APPLICABILITY › Rule 590-9-1-.03 - Administrative Declaratory Rulings; No-Action Letters; Informal Interpretations

Current through Rules and Regulations filed through June 27, 2024
(1)
Declaratory Rulings.
(a)
Availability.
Any person
				whose legal rights will be interfered with or impaired by the application of
				any statutory provision or any rule or order of the Secretary of State may
				petition the Secretary of State and request a declaratory ruling thereon. The
				Secretary of State will not render advisory opinions, resolve questions which
				have become moot or are abstract or hypothetical, or otherwise act hereunder
				except with respect to such actual controversies or other cases upon which a
				superior court would be required to act under the Georgia declaratory judgment
				statutes as construed by the appellate court of Georgia.
(b)
Form of Petition.
Each such
				petition shall be filed with the Secretary of State in writing and shall state:
1. the name and mailing address of the
				petitioner;
2. the full text of the
				statute, rule, or order upon which a ruling is requested;
3. a paragraphed statement of all pertinent
				and existing facts necessary to make a determination of the applicability of
				the quoted statute or rule;
4. the
				petitioner's contention, if any, as to the aforesaid applicability with
				citation of legal authorities, if any, which authorize, support, or require a
				decision in accordance therewith;
5. a statement setting forth in detail the
				petitioner's interest in the matter and why and how the petitioner is uncertain
				or insecure with respect to his/her rights. The petition shall be verified
				under oath by, or in proper behalf of, the petitioner.
(c)
Proceedings on Petition.
If
				the Secretary of State shall determine that a decision can be rendered on the
				face of the petition without further proceedings, a summary decision shall be
				rendered thereon. Otherwise, all parties known by the Secretary of State to
				have a legal interest in the matter shall be notified and given an opportunity
				to be heard in an informal hearing.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-1 - RULES OF GENERAL APPLICABILITY › Rule 590-9-1-.04 - Petition for Adoption of Rules

Current through Rules and Regulations filed through June 27, 2024
(1)
Form of petition.
Each
				petition for adoption of rules made pursuant to the Georgia Administrative
				Procedure Act shall be filed with the Secretary of State in writing and shall
				state:
(a) The name and post office address
				of the petitioner;
(b) The full
				text of the rule requested to be amended or repealed, or the full text of the
				rule desired to be promulgated;
(c)
				A paragraphed statement of the reason such rule should be amended, repealed or
				promulgated, including a statement of all pertinent existing facts as to
				petitioner's interest in the matter;
(d) Citations of legal authorities, if any,
				which authorize, support, or require the action requested by petitioner. The
				petition should be verified under oath by, or in proper behalf of, the
				petitioner.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-1 - RULES OF GENERAL APPLICABILITY › Rule 590-9-1-.05 - Contested Cases

Current through Rules and Regulations filed through June 27, 2024
Contested cases shall be heard by the Secretary of State or
				 the Division Director or any person authorized by law pursuant to the Code
				 and/or Georgia Administrative Procedure Act and shall be conducted in
				 accordance with the procedures provided therein and the following
				 procedures:
(a)
Initiating a
				contested case.
Any person who is legally entitled to contest a ruling
				or order of the Secretary of State may do so by filing with the Secretary of
				State a request for hearing which shall contain the following:
1. a title which indicates the nature of the
				proceedings;
2. the complete name
				and address of the person or persons on whose behalf the request is
				filed;
3. the name and address of
				all other persons known to have a legal interest in the proceedings;
4. if the person or persons on whose behalf
				the request is filed are represented by counsel, the name and address of
				counsel;
5. a clear and concise
				statement of the facts upon which the contested case arises;
6. a prayer setting forth the relief
				sought;
7. a statement of the
				grounds upon which the person contends he is entitled to the relief
				sought.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-1 - RULES OF GENERAL APPLICABILITY › Rule 590-9-1-.06 - Records

Current through Rules and Regulations filed through June 27, 2024
(1) All
				applications, records, correspondence, annual reports, and other documents
				filed with the Secretary of State pursuant to the various provisions of the
				Code may be maintained in original form or by means of microfilm, microfiche,
				microphotographic reproduction, photographic reproduction, word processing,
				computerization, or other methods acceptable to the Secretary of
				State.
(2) All records,
				correspondence, annual reports, or other documents produced pursuant to a
				subpoena
duces tecum
issued by the Secretary of State may be
				destroyed by order of the Secretary of State if a demand for return is not made
				by the person producing such records within three (3) years from the time the
				investigative file is closed.
(3)
				Any photographic, microphotographic, or computer reproduction of any original
				writing or record filed with or maintained by the Secretary of State shall be
				deemed to have been made in the regular course of business.
O.C.G.A. Secs.
				  43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-1 - RULES OF GENERAL APPLICABILITY › Rule 590-9-1-.07 - Confidentiality of Investigations

Current through Rules and Regulations filed through June 27, 2024
All investigations and investigative proceedings shall be
				 private, unless the Secretary of State determines that the protection of the
				 public requires that all or part of an investigation or investigative
				 proceeding be made public.
O.C.G.A. Sec.
				  43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-1 - RULES OF GENERAL APPLICABILITY › Rule 590-9-1-.08 - Non-payment of Statutory Fees or Administrative Penalties

Current through Rules and Regulations filed through June 27, 2024
(1) Every
				registration, annual report, filing, or administrative penalty required or
				imposed pursuant to the Code or any Rule or Regulation promulgated thereunder
				shall be accompanied by the required fee. No registration, annual report,
				filing or administrative penalty required pursuant to the Code or any Rule
				shall be considered officially received by the Secretary of State without the
				required fee.
(2) If a check
				submitted in payment of a fee is dishonored, the Secretary of State shall
				promptly notify the applicant, registrant or filer of the dishonor. The
				applicant, registrant or filer shall have fifteen (15) days from the date of
				notice to pay the required fee. If such payment is not made, the Secretary of
				State may take any action authorized by the Act.
(3) All fees are nonrefundable.
O.C.G.A. Sec.
				  43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-1 - RULES OF GENERAL APPLICABILITY › Rule 590-9-1-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-2 - PAID SOLICITORS › Rule 590-9-2-.01 - Prerequisites for Registration

Current through Rules and Regulations filed through June 27, 2024
(1)
General Prerequisites.
To be
				registered as a paid solicitor, a person must, in addition to the requirements
				set forth in Sections
				 43-17-3 and 
				 43-17-4 of  the Act, meet the following:
(a) Every paid
				solicitor that maintains a branch office in Georgia shall designate a resident
				supervisor for each branch.
(b)
				Each branch office of a paid solicitor must be properly identified as an office
				of said paid solicitor.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-2 - PAID SOLICITORS › Rule 590-9-2-.02 - Amendments to Registration

Current through Rules and Regulations filed through June 27, 2024
Registration amendments required to be filed by O.C.G.A.
				 §
									43-17-3(c)(7) 
				 shall be made on Form S100.
O.C.G.A. Secs.
				  43-17-3,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-2 - PAID SOLICITORS › Rule 590-9-2-.03 - Records of Paid Solicitors

Current through Rules and Regulations filed through June 27, 2024
(1) Business records. The paid solicitor
				shall prepare, maintain and make available, when requested, to the Secretary of
				State for inspection the following business records:
(a) All checkbooks, bank statements,
				cancelled checks and cash reconciliations relating to the business of the paid
				solicitor;
(b) All bills receivable
				or payable (or copies thereof), paid or unpaid, relating to the business of the
				paid solicitor;
(c) Originals of
				all communications received and copies of all communications sent by such paid
				solicitor (including interoffice memoranda and communications) relating to the
				business of the paid solicitor;
(d)
				All trial balances, financial statements, branch office reconciliations and
				internal audit working papers relating to the business of the paid
				solicitor;
(e) All guarantees of
				accounts and all powers of attorney and other evidence of the granting of any
				discretionary authority given in respect of any accounts, and copies of
				resolutions empowering an agent to act on behalf of a corporation;
				and
(f) All written agreements (or
				copies thereof) entered into by a paid solicitor relating to its business
				including agreements with respect to any account.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-2 - PAID SOLICITORS › Rule 590-9-2-.04 - Renewal Applications

Current through Rules and Regulations filed through June 27, 2024
Renewal applications or supplemental information for the
				 preceding year filed after December 31st of each year may be rejected by the
				 Secretary of State, and all applications filed or completed after that date may
				 be required to be in the form of an initial registration application,
				 accompanied by the payment of all fees incident to an initial
				 registration.
O.C.G.A. Secs.
				  43-17-3,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-2 - PAID SOLICITORS › Rule 590-9-2-.05 - Determination of Filing Date; Abandonment of Application

Current through Rules and Regulations filed through June 27, 2024
(1) Determination
				of Filing Date. An application for registration as a paid solicitor submitted
				pursuant to O.C.G.A. §
									43-17-3 is considered filed when a completed application on Form S100 and required
				filing fees are received by the Secretary of State.
(2) Abandoned Applications. When an
				application is deficient, the Secretary of State may send a letter stating the
				grounds for the deficiency to the applicant. If no communication from the
				applicant is received by the Secretary of State for a period of sixty (60)
				days, the Secretary of State may issue a notice of opportunity for hearing,
				pursuant to the Act, stating the Secretary of State proposes to issue an order
				dismissing the application without prejudice.
O.C.G.A. Secs.
				  43-17-3,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-2 - PAID SOLICITORS › Rule 590-9-2-.06 - Reporting of Occurrences

Current through Rules and Regulations filed through June 27, 2024
(1) Every paid solicitor shall report
				immediately to the Secretary of State the occurrence of any of the following
				events:
(a) any instance in which such paid
				solicitor is unable to meet a financial obligation as it matures; or
(b) the occurrence of any event which
				materially increases the probability that the paid solicitor will be unable to
				meet its obligations as they mature.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-2 - PAID SOLICITORS › Rule 590-9-2-.07 - Supervision of Employees

Current through Rules and Regulations filed through June 27, 2024
(1) Every paid solicitor registered or
				required to be registered under the Act shall exercise diligent supervision
				over the charitable solicitation activities of all of its employees.
(a) Each employee shall be subject to the
				supervision of a designated supervisor.
(b) Written procedures, a copy of which shall
				be kept in each branch office, shall be established, maintained, and enforced
				and shall set forth the standards and procedures adopted to comply with the
				requirements imposed by the Act and the Rules and Regulations promulgated
				thereunder, including but not limited to the following:
1. administrative review and written approval
				of all solicitation material;
2.
				periodic examination of solicitation methods to detect and prevent
				irregularities or abuse;
3. prompt
				administrative review of all complaints; and
4. prompt administrative review of
				correspondence pertaining to the solicitation of contributions.
(c) Each branch office location
				shall be periodically inspected by the paid solicitor to assure that the
				written procedures are enforced.
(d) It shall be the responsibility of each
				paid solicitor and its supervisors to ensure that all employees of such paid
				solicitor are properly registered with the Secretary of State and trained
				regarding the disclosure requirements and the administrative, civil and
				criminal liability provisions of the Act.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-2 - PAID SOLICITORS › Rule 590-9-2-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-2 - PAID SOLICITORS › Rule 590-9-2-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-3 - SOLICITOR AGENTS › Rule 590-9-3-.01 - Prerequisites for Registration

Current through Rules and Regulations filed through June 27, 2024
General Prerequisites. To be registered as a solicitor agent,
				 an applicant must, in addition to the requirements set forth in Section
				  43-17-3.1 of  the Act, make application by completing and filing Form SA1 and promptly
				 furnish any additional information requested by the Secretary of
				 State.
O.C.G.A. Secs.
				  43-17-3.1,   43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-3 - SOLICITOR AGENTS › Rule 590-9-3-.02 - Amendments to Registration

Current through Rules and Regulations filed through June 27, 2024
(1) Registration amendments, other than
				termination of employment, required to be filed by Section
				 43-17-3.1(b)(6) 
				 of  the Act shall be made on Form SA1.
(2) Termination of employment with the paid
				solicitor shall be reported to the Secretary of State by the paid solicitor on
				Form S2A.
O.C.G.A. Secs.
				  43-17-3.1,   43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-3 - SOLICITOR AGENTS › Rule 590-9-3-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-3 - SOLICITOR AGENTS › Rule 590-9-3-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-3 - SOLICITOR AGENTS › Rule 590-9-3-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-5,   43-17-6,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-3 - SOLICITOR AGENTS › Rule 590-9-3-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-3 - SOLICITOR AGENTS › Rule 590-9-3-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-4 - REGISTRATION OF CHARITABLE ORGANIZATIONS › Rule 590-9-4-.01 - Prerequisites for Registration

Current through Rules and Regulations filed through June 27, 2024
(1) General prerequisites. A charitable
				organization which intends to solicit or have contributions solicited in this
				state on its behalf shall, prior to any solicitation, file an effective
				registration statement with the Secretary of State on Form C100 or the Uniform
				Registration Statement and comply with the requirements of O.C.G.A. §
									43-17-5.
(2) Consent to Service of Process. To be
				registered as a charitable organization, an applicant must execute a consent to
				service of process on Form C100 provided by the Secretary of State and shall
				include the name of the authorized official.
O.C.G.A. §§
										43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-4 - REGISTRATION OF CHARITABLE ORGANIZATIONS › Rule 590-9-4-.02 - Amendments to Registration

Current through Rules and Regulations filed through June 27, 2024
Registration amendments required to be filed by O.C.G.A.
				 §
									43-17-5(b)(10) 
				 shall be made on Form C100.
O.C.G.A. Secs.
				  43-17-5,   43-17-10,   43-17-12.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-4 - REGISTRATION OF CHARITABLE ORGANIZATIONS › Rule 590-9-4-.03 - Records to Be Made and Maintained by Charitable Organizations

Current through Rules and Regulations filed through June 27, 2024
A charitable organization shall maintain, for a period of not
				 less than three years, records of all correspondence and memoranda concerning
				 all contributions over $25.00 received from any one person or
				 organization.
O.C.G.A. Secs.
				  43-17-5,   43-17-6,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-4 - REGISTRATION OF CHARITABLE ORGANIZATIONS › Rule 590-9-4-.04 - Charitable Organizations Renewal

Current through Rules and Regulations filed through June 27, 2024
(1) Each application for renewal may be filed
				at any time within ninety (90) days prior to the expiration of the registration
				statement.
(2) A renewal
				application received within thirty (30) days of the expiration date will be
				processed without penalty. A renewal application received more than thirty (30)
				days after the expiration date may be subject to the original filing fee and
				the completion and filing of a new Form C100 and all attachments.
O.C.G.A. Secs.
				  43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-4 - REGISTRATION OF CHARITABLE ORGANIZATIONS › Rule 590-9-4-.05 - Determination of Filing Date; Abandonment of Applications

Current through Rules and Regulations filed through June 27, 2024
(1) Determination
				of Filing Date. A registration statement required by O.C.G.A. §
									43-17-5 is considered filed when the completed application on Form C100 or the Unified
				Registration Statement and required filing fees are received by the Secretary
				of State.
(2) Abandoned
				Applications. When a registration is deficient, the Secretary of State may send
				a letter stating the grounds for the deficiency to the applicant. If no
				communication is received by the Secretary of State for a period of sixty (60)
				days, the application will be deemed to have been abandoned and the Secretary
				of State may issue a notice of opportunity for hearing pursuant the Act,
				stating that the Secretary of State proposes to issue an order dismissing the
				application without prejudice.
O.C.G.A. Secs.
				  43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-4 - REGISTRATION OF CHARITABLE ORGANIZATIONS › Rule 590-9-4-.06 - Financial Statement

Current through Rules and Regulations filed through June 27, 2024
For the purposes of O.C.G.A §
									43-17-5,"received
				 or collected" is not deemed to include interest, dividends or other income
				 derived from the investment of charitable funds.
O.C.G.A. Secs.
				  43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-4 - REGISTRATION OF CHARITABLE ORGANIZATIONS › Rule 590-9-4-.07 - Forms for Charitable Organization Registration

Current through Rules and Regulations filed through June 27, 2024
For the purposes of O.C.G.A. §
									43-17-5,  charitable organizations that did not file a Form 990 or Form 990-EZ with the
				 United States Internal Revenue Service shall file a C200 with the Secretary of
				 State.
O.C.G.A. Secs.
				  43-17-5,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-5 - PROHIBITED ACTS › Rule 590-9-5-.01 - Untrue and Misleading Statements Prohibited; Misrepresentations and Omissions Prohibited

Current through Rules and Regulations filed through June 27, 2024
(1) No person shall, in connection with any
				proceeding under the Georgia Charitable Solicitations Act of 1988, make or
				cause to be made to the Secretary of State or anyone acting in his behalf, any
				written or oral statement which the person knows to contain any untrue
				statement of material fact or omits to state a material fact necessary in order
				to make the statements made, in light of the circumstances under which they
				were made, not misleading.
(2) No
				person shall file, execute or sign any application or registration or document
				prepared for inclusion in an application of registration under the Georgia
				Charitable Solicitations Act of 1988 which the person knows or in the exercise
				of reasonable diligence could know, contains any untrue statement of material
				fact or omits to state a material fact necessary to make the statements made,
				in light of the circumstances in which they were made, not
				misleading.
(3) No person shall, in
				connection with the planning, conduct, or execution of any charitable
				solicitation or charitable sales promotion, directly or indirectly make an
				untrue statement of a material fact or omit to state a material fact necessary
				in order to make the statements made, in the light of the circumstances under
				which they are made, not misleading.
O.C.G.A. Secs.
				  43-17-9,   43-17-10,   43-17-12.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-5 - PROHIBITED ACTS › Rule 590-9-5-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-9,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-5 - PROHIBITED ACTS › Rule 590-9-5-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-9,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-5 - PROHIBITED ACTS › Rule 590-9-5-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-9,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-5 - PROHIBITED ACTS › Rule 590-9-5-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-9,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-5 - PROHIBITED ACTS › Rule 590-9-5-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-9,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-5 - PROHIBITED ACTS › Rule 590-9-5-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-9,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-5 - PROHIBITED ACTS › Rule 590-9-5-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				  43-17-10,   43-17-12.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-6 - EXEMPTIONS FROM REGISTRATION › Rule 590-9-6-.01 - Multi-Level Organizations

Current through Rules and Regulations filed through June 27, 2024
(1) National registration exemption. If a
				national organization is registered with the Secretary of State as a charitable
				organization, state and local affiliates of the national organization are not
				required to register separately with the Secretary of State.
(a) Financial and other reports relating to
				charitable contributions and solicitations required of the national entity
				shall be filed on a consolidated basis for the entire organization.
(b) Financial and other records relating to
				charitable contributions and solicitations of state and local affiliates which
				rely on this exemption shall be available to the Secretary of State for
				reasonable inspection.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-6 - EXEMPTIONS FROM REGISTRATION › Rule 590-9-6-.02 - Reserved

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Sec.
				  43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-6 - EXEMPTIONS FROM REGISTRATION › Rule 590-9-6-.03 - Organizations Associated With Governmental Entities

Current through Rules and Regulations filed through June 27, 2024
A public instrumentality of a state or federal government is
				 not required to register with the Secretary of State as a charitable
				 organization. This exemption shall apply to advertising and royalty contracts
				 for publications which result in a charitable contribution to the public
				 government instrumentality, so long as such sales and solicitations are not
				 made for the purpose of evading provisions of this Act.
O.C.G.A. Secs.
				  43-17-9,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-6 - EXEMPTIONS FROM REGISTRATION › Rule 590-9-6-.04 - Publisher's Exemption

Current through Rules and Regulations filed through June 27, 2024
A person regularly engaged as a bona fide publisher, and not
				 for the purpose of evading this Act, of a commercial newspaper, magazine or
				 other publication, and who solicits advertisements and provides a percentage or
				 fixed amount to a charitable organization, is not required to register with the
				 Secretary of State as a paid solicitor or charitable
				 organization.
O.C.G.A. Secs.
				  43-17-9,   43-17-10.
Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-9 - CHARITABLE SOLICITATION › Subject 590-9-6 - EXEMPTIONS FROM REGISTRATION › Rule 590-9-6-.05 - Applicability of Anti-Fraud Provisions

Current through Rules and Regulations filed through June 27, 2024
Any exemption from the registration provisions of the Act
				 shall not exempt the charitable organization from the anti-fraud provisions of
				 O.C.G.A. §
									43-17-12 or  any
				 successor Charitable Solicitations Act.
O.C.G.A. Secs.
				  43-17-10,   43-17-12.