Compilation of Rules and Regulations of the State of Georgia
Rule 590-9-1-.01 - Definitions

Current through Rules and Regulations filed through September 25, 2023

(1) Branch office. As used herein, all references to "branch office" shall mean any commercial location where the business of a paid solicitor or charitable organization is conducted.

(2) Certified financial statement. As used herein, all references to "certified financial statement" shall mean financial statements, including a balance sheet, income statement, and statement of cash flows, or the equivalent in the case of a not-for-profit entity, and all notes to the financial statements, audited by an independent certified public accountant in accordance with generally accepted auditing standards. The certified financial statement must be accompanied by an independent auditor's report, which shall include an expression of professional opinion by the independent certified public accountant as to whether the financial statement presents fairly, in all material respects, the financial condition of the entity in conformity with generally accepted accounting principles. The independent certified public accountant must be duly registered and in good standing as a certified public accountant, under all applicable laws, rules and regulations of the place of the independent certified public accountant's place of residence or principal place of business.

(3) Code or Act. As used herein, all citations to "Code" or "Act" refer to the Georgia Charitable Solicitations Act of 1988, as amended, as set forth in Chapter 17 of Title 43 of the Official Code of Georgia Annotated. (O.C.G.A. § 43-17-1et seq.)

(4) Division. As used herein, all references to "Division" shall mean the Division of Securities and Business Regulation of the Office of the Secretary of State. This is the organizational division that is delegated authority by the Secretary of State to administer the provisions of the Code.

(5) Division Director. As used herein, all references to the "Division Director" shall mean the Division Director appointed by the Secretary of State to oversee the administration of the Code as provided in O.C.G.A. § 43-17-10. The term "Division Director" shall refer to the Director of the Securities and Business Regulation Division of the Office of the Secretary of State, or such other person as the Secretary of State may by order designate.

(6) Educational institutions. As used in the Act, all references to "Educational institutions" shall mean an organization organized and operated exclusively for educational purposes and which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on.

(7) Secretary of State. As used herein, all references to the "Secretary of State" shall mean the Secretary of State of the State of Georgia.

O.C.G.A. Sec. 43-17-10.

Original Rule entitled "Definitions" adopted as ER. 590-9-1-0.12-.01. F. and eff. July 1, 1988, the date of adoption.

Amended: Permanent Rule of same title adopted. F. Oct. 7, 1988; eff. Nov. 1, 1988, as specified by the Agency.

Repealed: New Rule of same title adopted. F. Feb. 26, 2004; eff. Mar. 17, 2004.

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