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Rules and Regulations of the State of Georgia
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Subject 590-9-2 PAID SOLICITORS

Rule 590-9-2-.01 Prerequisites for Registration

(1) General Prerequisites. To be registered as a paid solicitor, a person must, in addition to the requirements set forth in Sections 43-17-3 and 43-17-4 of the Act, meet the following:
(a) Every paid solicitor that maintains a branch office in Georgia shall designate a resident supervisor for each branch.
(b) Each branch office of a paid solicitor must be properly identified as an office of said paid solicitor.
(2) Consent to Service of Process. To be registered as a paid solicitor, an applicant must execute a consent to service of process which shall include:
(a) the name and title of the officer authorized to execute the consent;
(b) signature of the officer; and
(c) notorization by an official witness.
(3) Registration Procedure. The applicant shall make application by completing and filing a Form S100 and promptly furnish any additional information requested by the Secretary of State.

Rule 590-9-2-.02 Amendments to Registration

Registration amendments required to be filed by O.C.G.A. § 43-17-3(c)(7) shall be made on Form S100.

Rule 590-9-2-.03 Records of Paid Solicitors

(1) Business records. The paid solicitor shall prepare, maintain and make available, when requested, to the Secretary of State for inspection the following business records:
(a) All checkbooks, bank statements, cancelled checks and cash reconciliations relating to the business of the paid solicitor;
(b) All bills receivable or payable (or copies thereof), paid or unpaid, relating to the business of the paid solicitor;
(c) Originals of all communications received and copies of all communications sent by such paid solicitor (including interoffice memoranda and communications) relating to the business of the paid solicitor;
(d) All trial balances, financial statements, branch office reconciliations and internal audit working papers relating to the business of the paid solicitor;
(e) All guarantees of accounts and all powers of attorney and other evidence of the granting of any discretionary authority given in respect of any accounts, and copies of resolutions empowering an agent to act on behalf of a corporation; and
(f) All written agreements (or copies thereof) entered into by a paid solicitor relating to its business including agreements with respect to any account.
(2) Every paid solicitor shall preserve during the life of the enterprise and of any successor enterprise all partnership articles or, in the case of a corporation, all articles of incorporation or charter, minute books, and stock certificate books.

Rule 590-9-2-.04 Renewal Applications

Renewal applications or supplemental information for the preceding year filed after December 31st of each year may be rejected by the Secretary of State, and all applications filed or completed after that date may be required to be in the form of an initial registration application, accompanied by the payment of all fees incident to an initial registration.

Rule 590-9-2-.05 Determination of Filing Date; Abandonment of Application

(1) Determination of Filing Date. An application for registration as a paid solicitor submitted pursuant to O.C.G.A. § 43-17-3 is considered filed when a completed application on Form S100 and required filing fees are received by the Secretary of State.
(2) Abandoned Applications. When an application is deficient, the Secretary of State may send a letter stating the grounds for the deficiency to the applicant. If no communication from the applicant is received by the Secretary of State for a period of sixty (60) days, the Secretary of State may issue a notice of opportunity for hearing, pursuant to the Act, stating the Secretary of State proposes to issue an order dismissing the application without prejudice.

Rule 590-9-2-.06 Reporting of Occurrences

(1) Every paid solicitor shall report immediately to the Secretary of State the occurrence of any of the following events:
(a) any instance in which such paid solicitor is unable to meet a financial obligation as it matures; or
(b) the occurrence of any event which materially increases the probability that the paid solicitor will be unable to meet its obligations as they mature.
(2) the report provided for in (1) above shall be accomplished by the most accurate statement of financial conditions which is currently available to such paid solicitor which shall be supplemented, as soon as possible, by a report containing the financial information required by the Act and such additional information as may be required by the Secretary of State.
(3) Every paid solicitor shall immediately report to the Secretary of State the occurrence of any of the following:
(a) the initiation of any disciplinary, administrative, civil or criminal action against such paid solicitor or any principal officer or control person of any paid solicitor by any national organization of paid solicitors, or any state or federal agency; or
(b) the receipt of service of process in any civil complaint alleging fraud or any violation of any state or federal law filed against such paid solicitor or any principal officer or control person of any paid solicitor if such civil action involves any of the following:
1. plaintiffs who were residents of the State of Georgia at the time of the alleged violations;
2. alleged violations which occurred within or from the State of Georgia;
3. a civil action filed in a state or federal court located in the State of Georgia; or
4. a civil action which has a material connection with a person or property located in the State of Georgia.
(4) The report provided for in (3) above shall be accompanied by a copy of any notice, order, pleading, indictment, accusation, or similar legal document which such paid solicitor has received in the case.

Rule 590-9-2-.07 Supervision of Employees

(1) Every paid solicitor registered or required to be registered under the Act shall exercise diligent supervision over the charitable solicitation activities of all of its employees.
(a) Each employee shall be subject to the supervision of a designated supervisor.
(b) Written procedures, a copy of which shall be kept in each branch office, shall be established, maintained, and enforced and shall set forth the standards and procedures adopted to comply with the requirements imposed by the Act and the Rules and Regulations promulgated thereunder, including but not limited to the following:
1. administrative review and written approval of all solicitation material;
2. periodic examination of solicitation methods to detect and prevent irregularities or abuse;
3. prompt administrative review of all complaints; and
4. prompt administrative review of correspondence pertaining to the solicitation of contributions.
(c) Each branch office location shall be periodically inspected by the paid solicitor to assure that the written procedures are enforced.
(d) It shall be the responsibility of each paid solicitor and its supervisors to ensure that all employees of such paid solicitor are properly registered with the Secretary of State and trained regarding the disclosure requirements and the administrative, civil and criminal liability provisions of the Act.

Rule 590-9-2-.08 Repealed

Rule 590-9-2-.09 Repealed