A person must have applied to register appropriately with the Secretary of State whenever the person acts as: an associate solicitor; a professional solicitor; or a fund-raising counsel. If, within 10 days after a person starts employment as an associate solicitor, the person’s name is submitted to the Secretary of State in accordance with this subtitle, the person is deemed to be registered on the first day of employment.

An applicant for registration as a professional solicitor or fund–raising counsel shall: submit to the Secretary of State an application under oath on the form that the Secretary of State provides; pay to the Secretary of State an application fee of: $250 for registration as a fund–raising counsel; or $350 for registration as a professional solicitor; and certify that all taxes due from the applicant to the State or to Baltimore City or a county of the State during the preceding fiscal year have been paid, and all taxes the applicant was required to collect and pay over to the State or to Baltimore City or a county of the State during the preceding fiscal year have been collected and paid over; or certify that the taxes due from the applicant to the State or to Baltimore City or a county are under dispute and the dispute has not been finally resolved. An applicant for registration as a fund–raising counsel may register and pay a single application fee of $250 to cover all of the applicant’s officers, agents, members, and employees who work in fund–raising, if the applicant lists in the application the name and address of each of them. An applicant for registration as a professional solicitor may register and pay a single application fee of $350 to cover all of the applicant’s officers, agents, members, associate solicitors, and employees who work in fund–raising, if the applicant: lists in the application the name of each current officer, agent, member, associate solicitor, and employee who works in fund–raising; and submits to the Secretary of State the name of each person within 10 days after the person starts employment. Of the revenues collected from the application fees under subsections (a)(2) and (b)(1) and (2) of this section, $50 of the application fee paid by each fund–raising counsel and professional solicitor shall be distributed to the Charitable Enforcement Fund under Subtitle 2A of this title, to be used only to support the actions of the Secretary of State and the Attorney General in carrying out the duties of the Secretary of State and the Attorney General under this title and Title 6.5 of this article.

Except as provided in subsection (c) of this section, on applying for registration as a professional solicitor, an applicant shall execute and submit to the Secretary of State a bond in the sum of $25,000, with surety that the Secretary of State approves. The bond shall run to the State for the use of the State and each person who may have a cause of action against the applicant for loss resulting from malfeasance, nonfeasance, or misfeasance in the applicant’s charitable solicitation. The applicant shall keep the bond in force as long as the registration is in effect. An applicant for registration as a professional solicitor shall submit a consolidated bond for all of the officers, agents, members, associate solicitors, subcontractors, and employees of the professional solicitor. An applicant for registration as a professional solicitor that submits a $25,000 irrevocable letter of credit to the Secretary of State is not required to submit a surety bond under subsection (a) of this section. The Secretary of State may return a bond or irrevocable letter of credit filed under this section only if: 3 years have passed since the registration period to which the bond or letter applies, and there is no pending claim against the bond or letter; or the registration period to which the bond or letter applies is over, all required accounting reports have been properly completed and filed, and it appears to the satisfaction of the Secretary of State that the person is not in violation of the Maryland Charitable Solicitations Act. The Secretary of State shall include with an application for registration as a professional solicitor a notice that a person may apply for return of a bond or irrevocable letter of credit after the registration period to which the bond or letter applies.

If the Secretary of State finds that an applicant for registration has complied with this title and the regulations adopted under it, the Secretary of State shall approve the application. If the Secretary of State finds that an applicant for registration has not complied with this title and the regulations adopted under it applicable to registration, the Secretary of State shall notify the applicant of the reasons the applicant is not in compliance.

Each registration expires on the first anniversary of its effective date.

If a currently registered professional solicitor applies for a new registration and has not yet submitted the accounting required by § 6-506 of this title, the professional solicitor shall submit with the new application: that accounting; or an interim accounting, under oath and in a form that the Secretary of State requires, that accounts for all money received and disbursed for each fund-raising drive, campaign, or event through a date within 3 months before the professional solicitor’s current registration expires. A person that acts as a professional solicitor before applying to register as a professional solicitor that has not submitted an accounting under § 6-506 of this title, shall submit with the professional solicitor application: that accounting; or an interim accounting, under oath, and in a form that the Secretary of State requires, that accounts for all money received and disbursed for each fund-raising drive, campaign, or event through a date within 3 months before the person filed a professional solicitor application.

A person who has applied to register as an associate solicitor, professional solicitor, or fund-raising counsel may act as such unless and until the Circuit Court for Anne Arundel County or other court of competent jurisdiction orders the applicant to stop. The Secretary of State has the burden of proof in any proceeding to restrain or enjoin a person from acting as an associate solicitor, professional solicitor, or fund-raising counsel. The Circuit Court for Anne Arundel County or other court of competent jurisdiction may order a person to stop acting as a fund-raising counsel, associate solicitor, or professional solicitor if the applicant: has not applied to register; has not applied to register in the appropriate category; has not met the registration requirements of the category for which the person has applied; or has otherwise violated the Maryland Charitable Solicitations Act.