Title 43, Chapter 17, Section 3.1
( 43-17-3.1)
(a) No solicitor agent shall solicit contributions on behalf of a
charitable organization within or from this state, unless such
solicitor agent is a registered solicitor agent pursuant to this
Code section and is affiliated through employment or as an
independent contractor pursuant to a written agreement with a paid
solicitor or charitable organization which is either registered or
exempt from registration. (b)(1) A solicitor agent shall register with the Secretary of
State prior to engaging in any solicitation. Each registration
shall expire on December 31 of each year and may be renewed for
additional one-year periods upon application and the payment of
the fee. (2) Applications for registration may be made by any person and
shall be accompanied by the registration fee set forth in
subsection (c) of this Code section. Such application for
registration shall be made in a manner prescribed by the Secretary
of State, which may include, in whole or in part, electronic
filing, shall be verified by the applicant, shall be filed with
the Secretary of State, and shall contain the information and
documents set forth in this paragraph and such other information
as may be prescribed by rules and regulations promulgated by the
Secretary of State: (A) The name of the applicant; (B) The address of each place of business of the applicant; (C) The name and address of the paid solicitor or charitable
organization with which the solicitor agent will be affiliated
by employment or as an independent contractor; (D) If the solicitor agent is to be an independent contractor, a
copy of the contract setting forth the terms and conditions
thereof; (E) A list of any other states in which the applicant is
registered as a paid solicitor agent and, if any registration of
the applicant under the charitable solicitation law of any state
has ever been denied, revoked, suspended, or withdrawn or if
such a proceeding is pending in any state, full details with
respect thereto; (F) Whether the applicant has ever been subject to any
injunction or disciplinary proceeding by any state agency
involving any aspect of fund raising or solicitation, has ever
been convicted of or charged with a misdemeanor of which fraud
is an essential element or which involved charitable fund
raising, or has ever been convicted of or charged with a felony
and, if so, all pertinent information with respect to such
injunction, disciplinary proceeding, conviction, or charge; (G) Whether the applicant has ever been subject to an order,
consent order, or any other disciplinary or administrative
proceeding pursuant to the unfair and deceptive acts and
practices law of any state and, if so, all pertinent information
with respect to such order or proceedings; and
(H) Written consent to a criminal background investigation for
the purpose of verification by the Secretary of State of
information provided in the application. (3) Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a solicitor agent unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct itself in a manner as if registered until and unless it is so notified. (4) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization or paid solicitor who proposes to employ such applicant. (5) Every registration under this Code section shall expire on
December 31 of each year. The registration of a solicitor agent
must be renewed each year by the submission of a renewal
application containing the information required in an application
for registration, except to the extent that the Secretary of State
by rule does not require the resubmission of such information
which has previously been included in an application or renewal
application previously filed, and by the payment of the proper
registration fee. (6) The registration of a solicitor agent shall be promptly
amended to reflect a change of name or address or other changes in
the information previously provided to the Secretary of State.
Such amendments shall be filed in a manner which the Secretary of
State may prescribe by rule or regulation. (c) The fee for the initial registration of a solicitor agent shall
be $50.00. The fee to amend the registration shall be $15.00. The
annual renewal fee for a paid solicitor shall be $50.00. |