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Georgia Charitable Solicitation Registration Guide

Published: Last updated: Reviewed: Sources: sos.ga.gov law.justia.com sos.ga.gov

TLDR

Georgia requires organizations that solicit charitable contributions from Georgia residents to register with the Secretary of State's Corporations Division before soliciting. The annual renewal is due within 90 days of fiscal year end. Georgia's registration fee is a flat $35 for most organizations. There is no audit threshold in Georgia's charitable solicitation law — financial statements are not required. The most common filing mistake is the religious-organization exemption: Georgia exempts religious organizations but not their separately incorporated affiliated foundations.

Georgia Charitable Solicitation Registration Guide

Georgia is one of the simpler state charitable registration regimes administratively — a flat $35 fee, no audit requirement, and a straightforward renewal process. The complexity lies in the exemptions, particularly the religious-organization exemption that catches affiliated foundations more often than any other category.

What Georgia’s Charitable Solicitations Act requires

Georgia’s Charitable Solicitations Act (O.C.G.A. § 43-17-1 et seq.) requires any charitable organization that solicits contributions from Georgia residents to register with the Secretary of State’s Corporations Division before soliciting. The requirement applies to:

  • Nonprofit organizations incorporated in Georgia
  • Out-of-state organizations that solicit Georgia residents by any means
  • Organizations that conduct fundraising events in Georgia
  • Organizations that use online campaigns accessible to Georgia donors

Georgia follows the principle that solicitation is the trigger, not presence. An organization headquartered outside Georgia that sends a direct mail appeal to Georgia donors is soliciting in Georgia.

Who is exempt

Georgia’s exemptions under O.C.G.A. § 43-17-9 include:

ExemptionStatutory Conditions
Religious organizationsThe organization itself, not affiliated entities
Educational institutionsSoliciting among students, faculty, or patrons
HospitalsLicensed in Georgia
Named-individual librariesSpecific statutory category
Small organizationsGross revenue under $25,000 AND no paid solicitors
Parent-teacher organizationsSoliciting solely among student families
Veterans organizationsSoliciting among members

The affiliated-foundation trap: The religious-organization exemption is the most commonly misapplied. Georgia exempts the religious organization itself from registration. A separately incorporated foundation — even one wholly controlled by the religious organization and sharing its name — is a different legal entity. If the foundation solicits contributions independently, it must register with the Secretary of State. This catches foundations affiliated with megachurches, denominational bodies, and mission organizations with separate legal structures.

Renewal deadline: 90 days after fiscal year end

Fiscal Year EndGeorgia Renewal Due
December 31March 31
March 31June 29
June 30September 28
September 30December 29

The 90-day window is the same as Virginia’s and shorter than most states. Georgia does not provide automatic extensions; organizations that need more time should contact the Secretary of State’s office directly.

Fee structure

Georgia’s fee structure is simple compared to most states:

  • Charitable organizations: $35 flat fee (no revenue tiering)
  • Professional fundraisers: Separate registration with its own fee schedule
  • Commercial co-venturers: Separate registration required

There is no fee waiver for small organizations that are below the exemption threshold but choose to register voluntarily.

No audit requirement: what this means

Georgia stands out as one of the few states that does not require audited or CPA-reviewed financial statements at any revenue level. The renewal form asks for financial information (revenue, expenses, assets), but does not require CPA attestation.

This does not mean organizations should forego audits for other reasons:

  • Federal Single Audit requirements apply if federal expenditures exceed $1,000,000 (raised from $750,000 for fiscal years ending September 30, 2025 or later)
  • Grant funders increasingly require audited statements as a grant condition
  • Board fiduciary duty may require audit or review regardless of state registration rules

The absence of an audit requirement in Georgia’s charitable registration process is not a proxy for a clean audit bill of health with other stakeholders.

Professional fundraiser requirements

Professional fundraisers must register independently with the Georgia Secretary of State before conducting any solicitation campaign. The charitable organization must:

  1. Verify the fundraiser’s Georgia registration before contracting
  2. File a copy of the contract with the Secretary of State before the campaign begins
  3. Disclose all professional fundraiser relationships in the annual renewal
  4. Ensure the fundraiser meets Georgia’s surety bond requirements

Commercial co-venturers — for-profit businesses that tie product sales to a charitable donation — must also register separately and file their contracts before any promotional campaign.

Two separate Secretary of State obligations

Georgia nonprofits incorporated in the state face two separate filings with the Secretary of State:

Corporate annual registration — Due April 1 each year; $30 fee. Maintains corporate existence. Filed through the business filing portal under the organization’s corporate record.

Charitable solicitation registration renewal — Due 90 days after fiscal year end; $35 fee. Maintains solicitation authority. Filed through the charitable organizations section.

Both operate through the Secretary of State but are administered separately. Allowing either to lapse has independent consequences: the corporate annual registration lapse can result in administrative dissolution; the charitable solicitation lapse can result in loss of solicitation authority and enforcement action.

Solicitation during registration review

Georgia law prohibits solicitation before a registration is approved or during a period when registration has lapsed. This is stricter than some states that allow solicitation after submitting a complete application and before receiving approval. Organizations that need to begin a campaign before renewal is formally approved should confirm current status with the Secretary of State’s office.

Multi-state context for Southeastern nonprofits

Georgia-based organizations soliciting across the Southeast commonly manage simultaneous registrations with Florida FDACS (185 days after FYE), North Carolina Secretary of State (15 days after board approval of financials), and Virginia OCRP (90 days after FYE). Georgia’s 90-day deadline is among the earlier Southeastern deadlines and should anchor the regional compliance calendar.

StateDeadlineAudit ThresholdFee
Georgia90 days after FYENone$35 flat
Florida185 days after FYE$1,000,000$10-$400
North Carolina90 days after FYE$500,000$0-$200
Virginia90 days after FYE$1,000,000$0-$325

How GrantPipe helps

GrantPipe tracks Georgia’s 90-day charitable solicitation renewal alongside corporate annual registration, federal grant reporting, and multi-state compliance deadlines in one operating record. The system flags the March 31 deadline for calendar-year filers, surfaces the professional fundraiser disclosure checklist, and keeps the charitable solicitation status current alongside the rest of the organization’s compliance calendar. Start with a free trial to build a Georgia compliance calendar that catches the affiliated-foundation distinction before the Secretary of State does.

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DEFINITION

O.C.G.A. § 43-17
Georgia's Charitable Solicitations Act. Governs the registration and oversight of charitable organizations, professional fundraisers, and commercial co-venturers soliciting in Georgia.

DEFINITION

Commercial co-venturer
A for-profit business that represents to the public that a portion of proceeds from purchases will benefit a charitable organization. Must register separately with the Georgia Secretary of State.

DEFINITION

Professional fundraiser
A person or entity paid to plan, manage, or conduct charitable solicitations in Georgia. Must register with the Secretary of State before conducting any campaign. Contracts must be filed before campaigns begin.

DEFINITION

Annual registration
Georgia nonprofit corporations' obligation to file an annual registration with the Secretary of State by April 1. Separate from charitable solicitation registration; maintains corporate existence.

DEFINITION

Religious organization exemption
An exemption under O.C.G.A. § 43-17-9 that covers the religious organization itself but not separately incorporated affiliated entities such as foundations, social service arms, or endowment funds.

Q&A

Why does Georgia's religious-organization exemption not cover affiliated foundations?

The Georgia exemption under O.C.G.A. § 43-17-9 applies to the religious organization as an entity. When a church or religious body creates a separately incorporated foundation or charitable arm, that foundation is a different legal entity. It does not inherit the religious organization's exemption. If the foundation solicits contributions independently from Georgia residents, it must register — regardless of its relationship to the exempt parent.

Q&A

Does Georgia require registration for online fundraising campaigns?

Yes. Georgia's Charitable Solicitations Act applies to solicitations directed at Georgia residents regardless of medium. Online fundraising campaigns accessible to Georgia donors — including crowdfunding platforms and email campaigns — constitute solicitation in Georgia. Organizations based outside Georgia that run national campaigns should evaluate whether to register in Georgia or seek an exemption.

Q&A

What is the difference between Georgia's charitable solicitation registration and the corporate annual registration?

They are separate requirements. The corporate annual registration is filed with the Secretary of State's Corporations Division by April 1 and maintains the nonprofit's legal corporate existence. The charitable solicitation registration is also managed by the Secretary of State but under a different program and maintains the authority to solicit contributions. Both must remain current. Allowing either to lapse has independent consequences.

Frequently asked

Frequently Asked Questions

Who must register for Georgia charitable solicitation?
Any charitable organization that solicits contributions from Georgia residents must register with the Georgia Secretary of State's Corporations Division before soliciting. This applies to organizations incorporated in Georgia and out-of-state organizations that solicit Georgia residents by mail, telephone, or online.
When is the Georgia charitable solicitation renewal due?
The renewal is due within 90 days of the close of the fiscal year. For December 31 fiscal year organizations, the renewal is due March 31. Georgia does not provide automatic extensions.
What is the registration fee for Georgia charitable solicitation?
The registration fee is $35 for most charitable organizations. There is a separate fee structure for professional fundraisers and commercial co-venturers. Organizations exempt from registration pay no fee.
Does Georgia require audited financial statements for charitable registration?
No. Georgia's charitable solicitation law (O.C.G.A. § 43-17-1 et seq.) does not require audited or reviewed financial statements as part of the registration or renewal. Organizations must provide basic financial information in the registration form, but CPA attestation is not required.
Are religious organizations exempt from Georgia charitable solicitation registration?
Religious organizations are exempt under O.C.G.A. § 43-17-9. However, the exemption applies to the religious organization itself — not to separately incorporated foundations, social service organizations, or other affiliates that operate under a separate legal structure. An affiliated foundation that solicits independently must register.
What is the penalty for late Georgia charitable solicitation renewal?
Late renewals are subject to a $25 late fee per month. Organizations that allow the registration to lapse cannot solicit until the registration is reinstated. Solicitation during a lapsed period can result in enforcement action by the Secretary of State.
Does Georgia require a separate corporate annual registration?
Yes. Nonprofit corporations incorporated in Georgia must file an annual registration with the Secretary of State by April 1 each year. The fee is $30. This maintains corporate existence and is separate from the charitable solicitation registration.