Title 43, Chapter 17, Section 9
( 43-17-9)
(a) The following persons are exempt from the provisions of Code Sections 43-17-5, 43-17-6, and 43-17-8: (1) Educational institutions and those organizations, foundations,
associations, corporations, charities, and agencies operated,
supervised, or controlled by or in connection with a nonprofit
educational institution, provided that any such institution or
organization is qualified under Section 501(c) of the Internal
Revenue Code of 1986, as amended; (2) Business, professional, and trade associations and federations
which do not solicit members or funds from the general public; (3) Fraternal, civic, benevolent, patriotic, and social
organizations, when solicitation of contributions is carried on by
persons without any form of compensation and which solicitation is
confined to their membership; (4) Persons requesting any contributions for the relief of any
other individual who is specified by name at the time of the
solicitation if all of the contributions collected, without any
deductions whatsoever, are turned over to the named beneficiary;
provided, however, that any such person who collects contributions
in excess of $5,000.00 in order to claim benefit of this exemption
shall file with the Secretary of State a written accounting of
funds so collected on forms prescribed by the Secretary of State
at the end of the first 90 days of solicitation and, thereafter,
at the end of every subsequent 90 day period until said
solicitation is concluded; (5) Any charitable organization whose total gross revenue has been
less than $25,000.00 for both the immediately preceding and
current calendar years or which is exempt from filing a federal
annual information return pursuant to Section 6033(a)(2)(A)(i) and
(iii) of the Internal Revenue Code and Section 6033(a)(2)(C)(i) of
the Internal Revenue Code; (6) Any local or state-wide organization of hunters, fishermen,
and target shooters which has been recognized as an organization
described in Section 501(c)(3) or Section 501(c)(4) of the
Internal Revenue Code, as amended, or the corresponding provisions
of any future federal revenue law; (7) Religious organizations; or (8) Political parties, candidates for federal or state office, and
political action committees required to file financial information
with federal or state elections commissions. (b) Local community organizations or local fundraising campaign managers affiliated with or acting for a state-wide parent organization by contract or agreement need not register separately with the Secretary of State. The single registration of the state-wide parent organization shall be considered all inclusive of all of its chapters, branches, or affiliates and individuals, which will be identified by listing the communities in which they are located and their directors, as provided in Code Section 43-17-5. (c) National charitable organizations having a Georgia affiliate registered under this chapter need not register separately with the Secretary of State; provided, however, that all records of such national organizations which relate to charitable solicitations or charitable contributions shall be subject to such reasonable periodic, special, or other examinations by the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate for the protection of the public. The Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes. (d) Charitable organizations which do not solicit or receive
contributions from the general public other than through affiliated
organizations registered under this chapter need not register
separately with the Secretary of State; provided, however, that all
records of such organizations which relate to charitable
solicitations or charitable contributions shall be subject to such
reasonable periodic, special, or other examinations by the Secretary
of State, within or outside this state, as the Secretary of State
deems necessary or appropriate for the protection of the public.
The Secretary of State shall not disclose this information except to
the extent necessary for investigative or law enforcement purposes. (e) The Secretary of State is authorized to exempt, by rule, regulation, or order, such entities and organizations from the registration provisions of Code Section 43-17-5 as he deems necessary and appropriate in the public interest. |