Title 6. Charitable Organizations and Charitable Representatives — Subtitle 6. Prohibited Acts; Penalties

A person may not act as an associate solicitor, professional solicitor, or fund-raising counsel unless the person has applied to register appropriately with the Secretary of State.

An associate solicitor may not solicit money from the public for a professional solicitor unless the professional solicitor has applied to register with the Secretary of State and can show evidence of the application.

is registered with the Secretary of State as an associate solicitor; or

becomes registered with the Secretary of State within 10 days after the person starts acting as an associate solicitor.

A professional solicitor or fund-raising counsel may not make an agreement with a charitable organization unless the charitable organization has applied to register with the Secretary of State or is otherwise exempt.

A charitable organization may not make an agreement with a professional solicitor or fund-raising counsel unless the professional solicitor or fund-raising counsel has applied to register with the Secretary of State or is otherwise exempt.

A charitable representative or a charitable organization may not lead the public to believe that registration is an endorsement or approval by the State.

Use of the following statement is allowed: “Registered with the Secretary of State of Maryland as required by law. Registration is not an endorsement of a public solicitation for contributions”.

In connection with a charitable solicitation, a charitable organization or charitable representative may not commit an act or engage in a practice that by affirmative representation or by omission is misleading about anything important to, or likely to affect, another person’s decision to make a charitable contribution.

An act or practice prohibited by this section is a violation of this section, whether or not a person has been misled, deceived, or damaged.

Unless authorized by a charitable organization, a person may not:

In soliciting charitable contributions for a charitable organization, a person may not use a name, symbol, emblem, device, service mark, or printed matter so similar to that of another established charitable organization that the use might confuse or mislead the public.

the person on whose behalf a solicitation or sale is made is a charitable organization; or

the proceeds of a solicitation or sale will be used for a charitable purpose.

A person may not represent that another person sponsors, endorses, or approves of a charitable solicitation, the sale of goods or services for a charitable purpose, a charitable purpose, or a charitable organization without the consent of the other person.

A member of the board of directors or trustee of a charitable organization or a person who volunteers to participate in a charitable solicitation is deemed to have consented to the use of the person’s name in the charitable solicitation.

A charitable organization or a charitable representative may not willfully:

A director, officer, partner, or trustee of a charitable organization or charitable representative may not cause the charitable organization or charitable representative to violate this title willfully.

A charitable organization or a charitable representative may not in a grossly negligent way:

A director, officer, partner, or trustee of a charitable organization or charitable representative may not cause the charitable organization or charitable representative to violate this title in a grossly negligent way.

the names and addresses of the parties;

the services to be provided;

the number of persons to be involved in providing the services;

the time when the services are to be provided; and

the method and formula for compensation.

the names and addresses of the parties;

the minimum percentage of the gross receipts from charitable solicitations that will be used by the charitable organization exclusively to advance its charitable purposes;

the text that the professional solicitor or associate solicitor will use in each charitable solicitation; and

any other information that the Secretary of State requires by regulation.

has written authorization that contains:

submits a copy of the authorization to the Secretary of State; and

on request, shows a copy of the authorization and personal identification to a person who is solicited.

This section does not apply to a raffle or other game of chance that a charitable organization holds in a county under the laws applicable to the county.

As part of an advertising plan in connection with a charitable solicitation, a person may not notify another person that the other person has won a prize, has received an award, or has been chosen or is eligible to receive a thing of value if the other person is required to:

A person who commits a willful violation of this title or who causes a person to commit a willful violation of this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

A person who commits a grossly negligent violation of this title or who causes a person to commit a grossly negligent violation of this title is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $3,000 or liability for restitution that the court determines or both.

state on the device or container:

state on the device or container and to the person who grants permission for the placement of the device or container that a portion of the money deposited is retained by the business placing the device or container and that the remainder is given to a charitable organization or used for charitable purposes, if less than all of the money deposited is given to a charitable organization or used for charitable purposes.