Telephonic Seller and Bond RequirementsArticle 33, Chapter 66, North Carolina General Statutes
Additional definitions can be found in the actual statute.
- Gift or Prize
- Any premium, bonus, award, or any other thing of value.
- An owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person.
- Purchaser or Prospective Purchaser
- A person who is solicited to become obligated to a telephone seller or to make any donation or gift to any person represented by the telephonic seller.
- Room Operator
- Any principal, employee, or agent responsible for the operational management and supervision of facilities from which telephonic sales call are made or received.
- Any individual employed, appointed, or authorized by a telephonic seller, whether referred to by the telephonic seller as an agency, representative, or independent contractor, who attempts to solicit or solicits a sale on behalf of the telephonic seller.
- Telephone Solicitation or Attempted Telephone Solicitation
- Any telephonic communication designed to persuade any person to purchase goods or services, to enter a contest, or to contribute to a charity or a person represented to be a charity, regardless of whether the telephone call initiating the solicitation is placed by the (i) telephonic seller or (ii) a person responding to any unsolicited notice or notices sent or provided by or on behalf of the seller, which notice or notices represent to the recipient that he or she has won a gift or prize, that the recipient may obtain or qualify for credit by contacting the seller, or that the seller has buyers interested in purchasing the recipient's property
- Telephonic Seller or Seller
- A person who, directly or through salespersons, causes a telephone solicitation or attempted telephone solicitation to occur. There are some exemptions for having to file as a telephonic seller. On the Telephonic Seller webpage, click the link to the right, “Do I need to Register for the exemptions” for those exemptions.
The application listed below can be found on the Telephonic Seller forms page.
A telephonic seller is doing business in North Carolina if it solicits locations in North Carolina or solicits or attempts to solicit prospective purchasers who are located in North Carolina.
Not less than ten (10) days before commencing telephonic solicitations in North Carolina, a telephonic seller is to register with the North Carolina Secretary of State by filing an application for registration and paying the filing fee.
The application is to contain notarized signatures of each principal of the telephonic seller.
At least ten (10) days before the commencement of any promotion offering any gift or prize with an actual or represented market value of five hundred dollars ($500) or more, the telephonic seller is to notify the Secretary of State in writing of the details of the promotion. The details required are:
- The nature of the gifts or prizes
- The number (quantity) of gifts or prizes
- The current market value of the total gifts or prizes
- A copy of the rules and regulations governing the promotion
- The date the gifts or prizes are to be awarded
Within forty-five (45) days after the specified date of the award of the gifts or prizes, the seller is to provide, in writing, to the Secretary of State, proof that the gifts or prizes were awarded. The writing shall include:
- Names of winners
- Addresses of winners
- Telephone numbers of winners
There is no form for these written notifications, please use your letterhead to provide the information required.
In addition to this document, the telephonic seller must post a bond with the Secretary for the market value or the represented value, whichever is greater, of all gifts or prizes represented as available under the promotion.
The bond must be issued by a surety company authorized to do business in this State and be in favor of the State of North Carolina for the benefit of any person entitled to receive a gift or prize under the promotion who did not receive it within thirty (30) days of the specified date of award.
The Bond shall be maintained until the Secretary receives reliable proof that the gifts or prizes have been delivered to the intended recipients.
See additional information to the right by clicking the link “Surety Bond Information.”
The registration and renewal fee is $100.00 each.
Your registration is good for one year from the effective date on your registration certificate. You must renew it each year.
Mailing AddressNC Secretary of State
Post Office Box 29622
Raleigh, North Carolina 27626-0622
Physical AddressNC Secretary of State
2 South Salisbury Street
Raleigh, North Carolina 27601-2903