O.C.G.A. § 43-15-31 (2019)

Annotations

Editor’s notes. Ga. L. 2014, p. 599, § 1-14/HB 60 re-

pealed and reserved this article, effective July 1, 2014. Law reviews. For article on the 2014 repeal of the Code sections in this chapter, see 31 Ga. St. U. L. Rev. 47 (2014).

CHAPTER 17 CHARITABLE SOLICITATIONS Sec.

Short title. Definitions. Registration of paid solicitors; renewal; financial statements; denial of registration; amendments; contracts; solicitation notices; accounting; deposit of contributions; records. Registration as a solicitor agent; application; denial; renewal; amendments; fees. [Effective until July 1, 2023. See note.] Bonding requirements for registered paid solicitors; deposits in lieu of bond. [Effective July 1, 2023. See note.] Bonding requirements for registered paid solicitors; deposits in lieu of bond. Registration of charitable organizations; service of process; financial statement; tax exemption determination; denial; renewal; amendments; fees; records. Agreement for charitable sales promotion; final accounting and records of promotions. Denial, suspension, or revocation of registration; other disciplinary actions; financial statements. Disclosures required. Requirements for use of collection receptacles for donations; penalty.

Cross references. Criminal penalty for false statements by telephone solicitors, § 16-9-54. Editor’s notes. Ga. L. 1988, p. 490, § 1, effective July 1, 1988, repealed the Code sections formerly codified at this chapter and enacted the

Sec.

Requirement for orderly, clean, and sanitary receptacles; notice; penalty for violations. Exemptions. Administration of chapter. Enforcement of chapter; investigations; subpoenas; cooperation with Attorney General, law enforcement, and regulatory agencies. Prohibited acts. Penalties; cease and desist orders; injunctions; restitution; appointment and powers of receiver; subpoenas. Recovery of damages; class actions. Venue. Hearings; notice; powers and orders of the Secretary of State. [Effective until July 1, 2023. See note.] Appeals. [Effective July 1, 2023. See note.] Appeals by petition for review. Service of process. Applicability of “Fair Business Practices Act of 1975.” Immunity. Burden of proof on persons claiming exemption or exception; certified copies; certificate of compliance or noncompliance. Provisions of chapter govern criminal or civil proceedings. Violations of chapter.

current chapter. The former chapter consisted of Code Sections 43-17-1 through 43-17-14, 43-17-14.1, and 43-17-15 through 43-17-19 and was based on Ga. L. 1962, p. 496, Ga. L. 1963, p. 482, Ga. L. 1980, p. 335, Ga. L. 1981, Ex. Sess., p. 8, Ga. L. 1982, p. 922, Ga. L. 1986, p. 1465,

Ga. L. 1987, p. 191, and Ga. L. 1987, p. 968. Law reviews. For survey article discussing develop-

ments in law of business associations for the period from June 1, 1999 through May 31, 2000, see 52 Mercer L. Rev. 95 (2000).

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions under prior law are included in the annotations for this chapter. Legislature, in exempting educational institutions from the operation of these provisions, intended to exempt “schools” in the traditional sense

of the word, that is, a grammar school, high school, college, or professional or trade school, which has a regularly scheduled curriculum, a regular faculty, and a regularly enrolled body of students. 1981 Op. Att’y Gen. No. 81-5 (decided under prior law).

RESEARCH REFERENCES Am. Jur. 2d. 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq. C.J.S. 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 14441448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employ-

ees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 146 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281. ALR. Nonprofit charitable institutions as within operation of labor statutes, 26 A.L.R.2d 1020. Criminal offenses under statutes and ordinances regulating charitable solicitations, 76 A.L.R.3d 924. Enforceability of subscription under conditional charitable pledge, 97 A.L.R.3d 1054. Lack of consideration as barring enforcement of promise to make charitable contribution or subscription - modern cases, 86 A.L.R.4th 241. Validity, construction, and application of state statute or law pertaining to telephone solicitation, 44 A.L.R.5th 619.