Agreement for Charitable Sales Promotion; Final Accounting and Records of Promotions

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Charitable Solicitations
  5. Agreement for Charitable Sales Promotion; Final Accounting and Records of Promotions

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  1. Every charitable organization which agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain, prior to the commencement of the charitable sales promotion within this state, a written agreement from the commercial coventurer which shall be available to the Secretary of State upon request. The agreement shall be signed by an authorized representative of the charitable organization and the commercial coventurer and it shall include, at a minimum, the following:
    1. The goods or services to be offered to the public;
    2. The geographic area where, and the starting and final date when, the offering will be made;
    3. The manner in which the charitable organization's name will be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization;
    4. If applicable, the maximum dollar amount that will benefit the charitable organization;
    5. The estimated number of units of goods or services to be sold or used;
    6. A provision for a final accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date by which it will be made;
    7. A statement that the charitable sales promotion is subject to the requirements of this chapter; and
    8. The date by when, and the manner in which, the benefit will be conferred on the charitable organization.
  2. The final accounting for the charitable sales promotion shall be kept by the commercial coventurer for three years after the final accounting date.
  3. All records of charitable organizations and commercial coventurers pertaining to such sales promotion are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.

(Code 1981, §43-17-6, enacted by Ga. L. 1988, p. 490, § 1.)

Editor's notes.

- Ga. L. 1987, p. 968, § 4, repealed a former Code Section 43-17-6 and enacted former Code Section 43-17-6. The pre-1987 Code section, concerning registration of professional solicitors, was based on Ga. L. 1962, p. 496, § 7; Ga. L. 1980, ch. 335, § 1.

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code Section 43-17-4 are included in the annotations for this Code section.

Independent member agencies of a centralized charitable fund-raising organization are not "affiliates" within the meaning of former O.C.G.A. § 43-17-4 and are therefore required to file separate reports with the Secretary of State verified by an independent certified public accountant. 1983 Op. Att'y Gen. No. 83-57 (decided under former § 43-17-4).

Reports may be performed by accountants employed by central agencies.

- Verified reports for member agencies of a centralized fund-raising organization may be performed by independent certified public accountants employed by the central fund-raising organization as long as the audit and the auditor comply with principles normally accepted by the public accounting profession. 1983 Op. Att'y Gen. No. 83-57 (decided under former § 43-17-4).


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