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.

A professional solicitor may not employ, pay, agree to pay, or otherwise use the services of a person to make a charitable solicitation unless the person: 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”.

A fund-raising counsel may not receive compensation from a charitable organization if the compensation depends wholly or partly on the number or value of charitable contributions that result from the effort of the fund-raising counsel.

A person may not apply a charitable contribution in a way substantially inconsistent with the charitable solicitation.

A person may not use false or materially misleading advertising or promotional material in connection with a charitable solicitation.

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: represent that a charitable contribution is requested for the charitable organization; or use a name, symbol, emblem, device, service mark or printed matter that belongs to or is associated with the charitable organization to solicit charitable contributions. 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.

A person may not falsely represent that: 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 person may not continue to solicit charitable contributions for a charitable organization after the contract between the person and the charitable organization is canceled.

A charitable organization or a charitable representative may not willfully: fail to submit to the Secretary of State when required a registration statement, annual report, or other information; or submit to the Secretary of State a registration statement, report, or other information that is materially false. 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: fail to submit to the Secretary of State when required a registration statement, annual report, or other information; or submit to the Secretary of State a registration statement, report, or other information that is materially false. 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.

A person may not act as a fund-raising counsel unless the person’s agreement with the charitable organization states: 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.

A person may not act as a professional solicitor unless the person’s agreement with the charitable organization states: 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.

A professional solicitor or associate solicitor may not solicit charitable contributions for or in the name of a charitable organization unless the professional solicitor or associate solicitor: has written authorization that contains: the consent of 2 officers of the charitable organization; the signature of the professional solicitor; and an express statement of the term of the authorization; 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: buy goods or services; pay money; or submit to a promotion.

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.

A person who places in an establishment or other location open to the public a vending machine, canister, or other device or container for the deposit of money that reflects the name of a charitable organization or a charitable purpose shall: state on the device or container: the address of the charitable organization named; and the name and address of the business placing the device or container, if not the charitable organization; and 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.

A television or radio broadcasting station or a publisher or printer of a newspaper, magazine, Web site, or other form of advertising that broadcasts, publishes, or prints a charitable solicitation that violates this title is not liable for the violation, unless the station, publisher, or printer has knowledge that the charitable solicitation violates this title.

A person may not knowingly, with the intent to retaliate, take any action harmful to any individual, including interference with the lawful employment or livelihood of the individual, because the individual provided to a law enforcement officer, the Secretary of State, or the Attorney General any truthful information relating to the commission or possible commission of any federal or State offense.