§ 43-17-1. Short Title

This chapter shall be known and may be cited as the “Georgia Charitable Solicitations Act of 1988.” History. Code 1981, § 43-17-1 , enacted by Ga. L. 1988, p. 490, § 1.

§ 43-17-10. Administration of Chapter

The administration of this chapter shall be vested in the Secretary of State. The Secretary of State is authorized to administer oaths in and to prescribe forms for all matters arising under this chapter. The Secretary of State shall cooperate with the administrators of the charitable solicitation laws of other states with a view to […]

§ 43-17-11. Enforcement of Chapter; Investigations; Subpoenas; Cooperation With Attorney General, Law Enforcement, and Regulatory Agencies

The Secretary of State, in enforcing this chapter, may: Make such public or private investigations within or outside of this state as he deems necessary to determine whether any person has violated or is about to violate this chapter or any rule, regulation, or order under this chapter or to aid in the enforcement of […]

§ 43-17-12. Prohibited Acts

It shall be unlawful for any person to violate any provision of this chapter or any rule, regulation, subpoena, or order promulgated or issued by the Secretary of State under this chapter. It shall be unlawful for any person who is registered as, or making application for registration as, a solicitor agent or paid solicitor […]

§ 43-17-13. Penalties; Cease and Desist Orders; Injunctions; Restitution; Appointment and Powers of Receiver; Subpoenas

Whenever it may appear to the Secretary of State, either upon complaint or otherwise, that any person has engaged in or is engaging in or is about to engage in any act, practice, or transaction which is prohibited by this chapter or by any rule, regulation, or order of the Secretary of State promulgated or […]

§ 43-17-14. Recovery of Damages; Class Actions

Any person who suffers injury or damages as a result of acts or practices in violation of this chapter may bring an action against the charitable organization or paid solicitor engaged in such acts or practices. The person may recover such general damages sustained as a result of such acts or practices. Exemplary damages and […]

§ 43-17-15. Venue

For the purposes of venue for any civil or criminal action under this chapter, any violation of this chapter or of any rule, regulation, or order promulgated under this chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated this chapter, […]

§ 43-17-16. Hearings; Notice; Powers and Orders of the Secretary of State

Where the Secretary of State has issued any order forbidding the solicitation or acceptance of contributions under Code Section 43-17-7, he or she shall promptly send to the charitable organization a notice of opportunity for hearing. Before entering an order refusing to register any person under Code Section 43-17-3 or 43-17-5 and after the entering […]

§ 43-17-17. [Effective July 1, 2023. See note.] Appeals by Petition for Review

An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a […]

§ 43-17-17. [Effective Until July 1, 2023. See note.] Appeals

An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17-16 by any person adversely affected thereby to the Superior Court of Fulton County by serving the Secretary of State, within 20 days after the date of entry of such order, a […]

§ 43-17-18. Service of Process

Where a consent to service of process is required under this chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions arising out of or founded upon the solicitation of charitable contributions in violation of this chapter may be […]

§ 43-17-19. Applicability of “Fair Business Practices Act of 1975.”

Notwithstanding any other law to the contrary, a solicitation shall be deemed to be a consumer act or practice or consumer transaction under Part 2 of Article 15 of Chapter 1 of Title 10, the “Fair Business Practices Act of 1975.” Nothing contained in this chapter shall be construed to limit the authority of the […]

§ 43-17-2. Definitions

As used in this chapter, the term: “Attorney General” means the Attorney General or his or her designee. “Charitable organization” means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general […]

§ 43-17-20. Immunity

For any action taken or any proceeding had under this chapter or under color of law, the Secretary of State shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. History. Code 1981, § 43-17-20 , enacted by Ga. […]

§ 43-17-21. Burden of Proof on Persons Claiming Exemption or Exception; Certified Copies; Certificate of Compliance or Noncompliance

In a civil or administrative proceeding under this chapter, a person claiming an exemption or an exception from a definition has the burden of proving this exemption or exception. In a criminal proceeding, the burden of going forward with evidence of a claim of exemption or exception from a definition is on the person claiming […]

§ 43-17-22. Provisions of Chapter Govern Criminal or Civil Proceedings

Any criminal proceeding or civil proceeding, including but not limited to judicial review of all administrative orders, instituted under this chapter shall be governed by the provisions of this chapter as such provisions existed in full force and effect on the date of the alleged commission of the underlying facts or circumstances which constitute evidence […]

§ 43-17-23. Violations of Chapter

Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this chapter shall be guilty of a misdemeanor. Any person who shall willfully violate subsection (d) of Code Section 43-17-12 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine […]

§ 43-17-3. Registration of Paid Solicitors; Renewal; Financial Statements; Denial of Registration; Amendments; Contracts; Solicitation Notices; Accounting; Deposit of Contributions; Records

No paid solicitor shall solicit contributions for a charitable purpose in or from this state or on behalf of a charitable organization, unless such paid solicitor is a registered paid solicitor pursuant to this Code section. No paid solicitor shall solicit contributions in person unless such paid solicitor has been qualified for such means of […]

§ 43-17-3.1. Registration as a Solicitor Agent; Application; Denial; Renewal; Amendments; Fees

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 […]

§ 43-17-4. [Effective July 1, 2023. See note.] Bonding Requirements for Registered Paid Solicitors; Deposits in Lieu of Bond

An applicant for registration as a paid solicitor who will have physical possession or legal control over any contributions collected by it in or from this state on behalf of any charitable organizations shall file with the Secretary of State a bond satisfactory to the Secretary of State in the sum of $10,000.00 payable to […]