Professional Licensing Boards and Securities Division
237 Coliseum Drive
Macon, GA 31217-3858
(478)207-2440
http://www.sos.ga.gov
Brian P. Kemp
Secretary of State
Georgia Charitable Solicitations Act
Paid Solicitor Registration
Shawnzia Thomas Division Director
EXECUTION PAGE
Statutory Fees
(Nonrefundable)
Make Check Payable to Georgia Secretary of State
INITIAL
APPLICATION
$250.00
REINSTATEMENT
Registration #: ___________________
$250.00
WARNING: The registration of a paid solicitor expires on December 31 of each year. Failure to keep this form current and file accurate supplemental information on a timely basis, or failure to keep accurate books and records or otherwise comply with provisions of the Georgia Charitable Solicitations Act of 1988, will constitute a violation of said Act and may result in disciplinary, administrative, injunctive or criminal action. INTENTIONAL MISSTATEMENTS OR OMISSIONS OF FACT MAY CONSTITUTE CRIMINAL VIOLATIONS.
1. Official Name:
Address of Applicant (Paid Solicitor): |
Mailing Address (if different): |
2. Contact Person: |
Telephone: |
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Email address for official correspondence: |
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3. Location of Books and Records: |
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EXECUTION: On behalf of the applicant identified above, for the purpose of complying with the Charitable Solicitations Act of 1988 (O. C. G. A. 43- 17-1 et seq.) (“Act”), I hereby certify that the applicant is in compliance with said Act and irrevocably appoints the Secretary of State of the State of
Georgia the agent for the applicant upon whom may be served any notice, process or pleading in any action or proceeding against the applicant arising out of, or founded upon, a violation or an alleged violation of said Act. The applicant hereby consents that any such action or proceeding against said applicant may be commenced in any court of competent jurisdiction and proper venue within the State of Georgia by service of process upon Secretary of State with the same effect as if the applicant was a resident of the State of Georgia and had been personally served with process. The undersigned hereby verifies that he had executed this form on behalf of, and with the authority of, said applicant. The undersigned and applicant represent that the information and statements contained herein, including the exhibits attached hereto, and other information filed herewith, are made a part hereof, are current, true and complete. The undersigned and applicant further represent that to the extent any information previously submitted is not amended, such information is currently accurate and complete.
Name of authorized Executive Officer (please type or print):
Signature of Executive Officer:
Official Witness (Notary)
THIS PAGE MUST ALWAYS BE COMPLETED IN FULL with original manual signature and notarization with seal. If filing an initial registration or reinstatement of registration, submit entire application. To amend, circle number(s) being amended. Registration does not become effective until all information on this application is received and approved. All paid solicitor registrations expire on December 31.
Form S100 Revised Dec 2013 |
Page 1 of 9 |
5. Fiscal Year Ends on (Month/Day):
APPLICANT’S NAME:
To amend, circle numbers being amended and file with a completed execution page (S100 page 1)
4.Status of registration in other jurisdictions
Enter “1” for pending registrations, “2” if already registered, and leave blank if not registered.
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6. Applicant is a: |
Corporation |
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Proprietorship |
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Partnership |
Limited Liability Company |
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Other: |
7.If FOREIGN Corporation, date qualified to transact business in Georgia:
8.Will applicant have physical possession or legal control over any contributions collected in or from the state of Georgia?
If yes, applicant must attach the following to this application:
(a)Fiscal year-end financial statement for period ending one year prior to date of filing, or for the preceding fiscal year if fiscal year has ended within 90 days of this filing OCGA 43-17-3(c)(3). ). Such financial statement must be prepared in accordance with generally accepted accounting principles.
(b)Surety bond satisfactory to the Secretary of State in the sum of $10,000 payable to the State of Georgia OCGA 43-17-4(a).
9.BRIEF DESCRIPTION OF BUSINESS. Provide a brief description of the general character of the business to be conducted or proposed to be conducted by the applicant:
CHAPTERS, BRANCHES, AND AFFILIATES
List the name and address of each affiliated branch or chapter
located in the State of Georgia and the directors of each such branch or chapter.
Attach additional sheets as needed.
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Address |
Telephone |
Designated Supervisor |
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Telephone |
Designated Supervisor |
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Designated Supervisor |
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Designated Supervisor |
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Form S100 Revised Dec 2013 |
Page 2 of 9 |
BACKGROUND INFORMATION
NOTE: (1) For the purpose of the following questions the term “executive officer” means the chief executive officer, the president, the principal financial officer, the principal operation officer, the treasurer or any other person performing similar functions.
(2)All YES answers to questions must be fully explained on page 4 of the application (attach additional sheets as needed) and you must complete Page 6 for a background investigation.
10.In the past ten years has the applicant, executive officer, or control person been convicted of or pled guilty or nolo contendere (no contest) to a felony or misdemeanor which:
(a) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses?
(b) Arises out of the conduct of solicitation of contributions for a charitable organization?
(c)Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds?
(d)Involves murder or rape?
(e)Involves assault or battery if such person proposes to be engaged in counseling, advising, housing, or sheltering individuals? Or
(f)Pled guilty or nolo contendere (no contest) to any other felony offense?
11. Has any court:
(a)in the past ten years enjoined the applicant or a executive officer in connection with any aspect of the fundraising business?
(b)ever found that the applicant or executive officer was involved in a violation of any state or federal law regarding fundraising or any other deceptive practice?
12. Has any local, state or federal government agency:
(a)ever found the applicant or executive officer to have made a false statement or omission or been dishonest, unfair or unethical?
(b)ever found the applicant or executive officer to have been involved in a violation of a fundraising law?
(c)ever found the applicant or executive officer to have been a cause of any fundraising organization having its authorization to do business denied, suspended, revoked or restricted?
(d)in the past ten years entered an order against the applicant or a executive officer in connection with any fundraising statute or deceptive practices?
(e)ever denied, suspended, or revoked the applicant’s or a executive officer’s registration or license, prevented it from association with a fundraising organization, or otherwise disciplined it by restricting its activities?
(f)ever revoked or suspended the applicant’s or a executive officer’s license as an attorney or accountant?
13.Is the applicant or executive officer now the subject of any proceeding that could result in a yes answer to any question contained herein?
14.Does the applicant have any unsatisfied judgments or liens against it or has it filed for any type bankruptcy?
ACKNOWLEDGEMENTS
By submitting this application, the applicant acknowledges the following statutory requirements:
(a)SOLICITATION CONTRACT REQUIRED. [OCGA 43-17-3(e)(1)] There must be a written contract between the paid solicitor and each charitable organization on whose behalf solicitations are conducted.
(b)SOLICITATION NOTICE. [OCGA 43-17-3(f)] A solicitation notice and a copy of each solicitation contract must be filed with the Secretary of State prior to the commencement of each solicitation campaign.
(c)POINT OF SOLICITATION DISCLOSURE. [OCGA 43-17-8] Each employee, agent, independent contractor or representative of the paid solicitor must provide at the point of solicitation the name and location of the paid solicitor, the name and location of the charitable organization for which the solicitation is being made, and a statement that a full and fair description of the charitable program and a financial statement or summary are available upon request.
(d)ACCOUNTING TO CHARITABLE ORGANIZATION. [OCGA 43-17-3(g)] Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account in writing to the charitable organization, and the Secretary of State, for all contributions and expenses paid.
(e)COLLECTIONS AND DEPOSITS. [OCGA 43-17-3(h)] Each monetary contribution received by the applicant shall, in its entirety and within three (3) business days of its receipt, be deposited in an account at a federally insured financial institution. Such account shall be in the name and under the sole control of the charitable organization.
(f)EXPIRATION. [OCGA 43-17-3(c)(6)] Registration for a paid solicitor, if granted, expires on December 31 of the year issued, and if not renewed shall terminate without further notice to the applicant.
(g)COMMERCIAL COVENTURERS. [OCGA 43-17-6] Any charitable sales promotion in conjunction with a commercial coventurer must be initiated only after a written contract that complies with the Code is entered into between the charitable organization and the commercial coventurer.
(h)AMENDMENTS TO REGISTRATION. [OCGA 43-17-3(c)(7)] Registration must be current and up to date at all times and must be amended within 30 days to reflect any material changes in operations of the paid solicitor.
Form S100 Revised Dec 2013 |
Page 3 of 9 |
(i)RECORDS. [OCGA 43-17-3(i)(1)] Solicitation campaign records must be prepared and maintained for no less than three years and be available for inspection by representatives of the Secretary of State.
(j)MISAPPROPRIATION OF FUNDS AND FRAUDULENT CONDUCT. [OCGA 43-17-12] The Georgia Charitable Solicitations Act of 1988 establishes that it is a felony to engage in fraudulent conduct or to misappropriate, convert or illegally withhold contributions collected pursuant to the Act.
EXPLANATION TO APPLICATION QUESTIONS
This section must be used to explain any YES answers on the previous pages.
It may also be used to explain the answers to any other questions on the application.
Attach additional sheets as needed.
Explanation:
Form S100 Revised Dec 2013 |
Page 4 of 9 |
APPLICANT’S NAME:
CONTROL PERSONS
The applicant must provide the following information for each person who directly or indirectly, has the power to direct or cause the direction of the management and policies of the applicant whether through the authority of voting securities, by contract or otherwise. The term control person includes, but is not limited to, each general partner, limited partner, director, affiliate or executive officer or person holding similar position.
Make additional copies of this form as needed.
(Please type or print)
The person named above MUST provide a ten year employment history
beginning with the most recent employment.
Attach separate sheets if needed.
All persons who have custody of charitable donations must submit to a criminal background check.
By signing this form the person named above authorizes the Secretary of State to conduct a criminal history check pursuant to the paid solicitor’s registration in the State of Georgia.
Signature of Control Person
Official Witness (Notary) |
Signature |
Form S100 Revised Dec 2013 |
Page 5 of 9 |
Georgia Bureau of Investigation
Georgia Crime Information Center
Consent Form
I hereby authorize the Office of Secretary of State – Charities Division to receive any Georgia criminal history record information pertaining to me which may be in the files of any state or local criminal justice agency in Georgia.
_____________________________________________________________________________
Full Name (print)
_____________________________________________________________________________
Address
_____ |
_____ |
__________________ |
_________________________ |
Sex |
Race |
Date of Birth |
Social Security Number |
___________________________________________________
Signature
__________________
Date
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Special employment provisions (check if applicable):
Employment with mentally disabled (Purpose code ‘M’)
Employment with elder care (Purpose code ‘N’)
Employment with children (Purpose code ‘W’)
Employment with criminal justice agency – civilian (Purpose code ‘J’) Employment with criminal justice agency – P.O.S.T. certified (Purpose code ‘Z’)
One of the following must be checked:
This authorization is valid for 90/180/_____ (circle one) days from date of signature.
I, _______________________________________________ give consent to the above named to
perform periodic criminal history background checks for the duration of my employment with this company.
Form S100 Revised Dec 2013 |
Page 6 of 9 |
AFFIDAVIT OF APPLICANT
I certify and declare that I am of good moral character and that all information contained in this application is true and correct, to the best of my knowledge. I understand that any willful omission or falsification of pertinent information required in the application is justification for the denial, suspension, or revocation of my registration by the Commission. I further swear and affirm that I have read and understand the current state laws and rules and regulations of the Georgia Paid Solicitor Regulatory Commission and I agree to abide by these laws and rules, as amended from time to time.
By signing this application, electronically or otherwise, I hereby swear and affirm one of the following to be true and accurate pursuant to O.C.G.A. § 50-36-1:
1) _______ I am a United States citizen 18 years of age or older. Please submit a copy of your current Secure and
Verifiable Document(s) such as driver’s license, passport, or document as indicated on pages 7 & 8 of this application.
2) _______ I am not a United States citizen, but I am a legal permanent resident of the United States 18 years of
age or older, or I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act 18 years of age or older with an alien number issued by the Department of Homeland Security or other federal immigration agency. Please submit a copy of your current immigration document(s) which includes either your Alien number or your I-94 number and, if needed, SEVIS number.
I also understand that if I have made a false statement on the application, or if I am found to have been convicted of a felony and have not had all of my civil rights restored pursuant to the law, the Commission may suspend my registration without a prior hearing. I shall be entitled to a hearing after the suspension of my registration.
I understand that I must maintain the records required by the Commission, and I shall make the records available for inspection by the Georgia Paid Solicitor Regulatory Commission, or its authorized representative, at any time during normal business hours.
In making the above attestation, I understand that any failure to make full and accurate disclosures may result in disciplinary action by the Georgia Paid Solicitor Regulatory Commission and/or criminal prosecution.
_____________________________________________________
Signature of ApplicantDate
_____________________________________________________
Print Applicant’s Name
Personally appeared before me, the undersigned official authorized to administer oaths, comes
_______________________________who deposes and swears that he/she is the person who executed this
(Applicant’s Name)
application for a license by examination for Paid Solicitor in the State of Georgia; and that all of the statements
herein contained are true to the best of his/her knowledge and belief.
Sworn to and subscribed before me this ______ day of ___________________, 2________
Notary Public Signature ________________________________ |
________________________________ |
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County |
State |
My Commission Expires ______________________
(seal)
Form S100 Revised Dec 2013 |
Page 7 of 9 |
APPLICANT: PLEASE CHECK THE FORM OF IDENTIFICATION BELOW THAT YOU POSSESS. RETURN THIS FORM ALONG WITH A COPY OF YOUR APPROPRIATE DOCUMENTATION.
________________________________________
Name
Secure and Verifiable Documents Under O.C.G.A. § 50-36-2
Issued August 1, 2011 by the Office of the Attorney General, Georgia
The Illegal Immigration Reform and Enforcement Act of 2011 (“IIREA”) provides that “[n]ot later than
August 1, 2011, the Attorney General shall provide and make public on the Department of Law’s website a
list of acceptable secure and verifiable documents. The list shall be reviewed and updated annually by the Attorney General.” O.C.G.A. § 50-36-2(f). The Attorney General may modify this list on a more frequent
basis, if necessary.
The following list of secure and verifiable documents, published under the authority of O.C.G.A. § 50-36-2, contains documents that are verifiable for identification purposes, and documents on this list may not necessarily be indicative of residency or immigration status.
_____ A United States passport or passport card [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]
_____A United States military identification card [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]
_____A driver’s license issued by one of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]
_____An identification card issued by one of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Commonwealth of the Northern Marianas Islands, the United States Virgin Island, American Samoa, or the Swain Islands, provided that it contains a photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]
_____A tribal identification card of a federally recognized Native American tribe, provided that it contains a
photograph of the bearer or lists sufficient identifying information regarding the bearer, such as name, date of birth, gender, height, eye color, and address to enable the identification of the bearer. A listing of federally recognized Native American tribes may be found at: http://www.bia.gov/WhoWeAre/BIA/OIS/TribalGovernmentServices/TribalDirectory/index.htm [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]
_____A United States Permanent Resident Card or Alien Registration Receipt Card [O.C.G.A. § 50-36-2(b)(3); 8
CFR § 274a.2]
_____An Employment Authorization Document that contains a photograph of the bearer [O.C.G.A. § 50-36-2(b)(3); 8
CFR § 274a.2]
_____A passport issued by a foreign government [O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]
Form S100 Revised Dec 2013 |
Page 8 of 9 |
_____A Merchant Mariner Document or Merchant Mariner Credential issued by the United States Coast Guard
[O.C.G.A. § 50-36-2(b)(3); 8 CFR § 274a.2]
_____A Free and Secure Trade (FAST) card [O.C.G.A. § 50-36-2(b)(3); 22 CFR § 41.2]
_____A NEXUS card [O.C.G.A. § 50-36-2(b)(3); 22 CFR § 41.2]
_____A Secure Electronic Network for Travelers Rapid Inspection (SENTRI) card [O.C.G.A. §50-36-2(b)(3); 22 CFR
§ 41.2] |
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_____A driver’s license issued by a Canadian government authority [O.C.G.A. § 50-36-2(b)(3); 8 CFR § |
274a.2] |
_____A Certificate of Citizenship issued by the United States Department of Citizenship and Immigration |
Services |
(USCIS) (Form N-560 or Form N-561) [O.C.G.A. § 50-36-2(b)(3); 6 CFR § 37.11] |
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_____A Certificate of Naturalization issued by the United States Department of Citizenship and Immigration
Services (USCIS) (Form N-550 or Form N-570) [O.C.G.A. § 50-36-2(b)(3); 6 CFR § 37.11]
_____In addition to the documents listed herein, if, in administering a public benefit or program, an agency is required
by federal law to accept a document or other form of identification for proof of or documentation of identity, that document or other form of identification will be deemed a secure and verifiable document solely for that particular program or administration of that particular public benefit. [O.C.G.A. § secure and 50-36-2(c)]
Form S100 Revised Dec 2013 |
Page 9 of 9 |