Section 43-17-6. Agreement for charitable sales promotion; final accounting and records of promotions

   (a) Every charitable organization which agrees to permit a charitable sales promotion to be conducted in its behalf shall obtain, prior to the commencement of the charitable sales promotion within this state, a written agreement from the commercial coventurer which shall be available to the Secretary of State upon request. The agreement shall be signed by an authorized representative of the charitable organization and the commercial coventurer and it shall include, at a minimum, the following:

   (1) The goods or services to be offered to the public;

   (2) The geographic area where, and the starting and final date when, the offering will be made;

   (3) The manner in which the charitable organization's name will be used, including the representation to be made to the public as to the actual or estimated dollar amount or percent per unit of goods or services purchased or used that will benefit the charitable organization;

   (4) If applicable, the maximum dollar amount that will benefit the charitable organization;

   (5) The estimated number of units of goods or services to be sold or used;

   (6) A provision for a final accounting on a per unit basis to be given by the commercial coventurer to the charitable organization and the date by which it will be made;

   (7) A statement that the charitable sales promotion is subject to the requirements of this chapter; and

   (8) The date by when, and the manner in which, the benefit will be conferred on the charitable organization.

(b) The final accounting for the charitable sales promotion shall be kept by the commercial coventurer for three years after the final accounting date.

(c) All records of charitable organizations and commercial coventurers pertaining to such sales promotion are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent necessary for investigative or law enforcement purposes.

Code 1981, § 43-17-6, enacted by Ga. L. 1988, p. 490, § 1.