reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5 - Charitable Solicitations › Section 6-503 - Required Disclosures When Awarding Prizes

(a)    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.
(b)    (1)    If a person, in connection with a written charitable solicitation, offers a contest, sweepstakes, or other promotion, the person shall disclose in writing to each offeree:
(i)    the manufacturer’s suggested retail price or comparable retail price of each prize offered;
(ii)    the conditions to be met to receive a prize; and
(iii)    that to receive the prize offered in the promotion the offeree may not be required to:
1.    buy goods or services;
2.    pay money; or
3.    submit to a promotion.
(2)    If the contest, sweepstakes, or other promotion involves awarding prizes by chance, the person shall also disclose in writing to each offeree:
(i)    the exact number of prizes offered in each category;
(ii)    how to get a list of winners, if a prize with a retail price or monetary value of more than $100 is offered;
(iii)    whether each prize offered will be awarded;
(iv)    the date when winners will be determined; and
(v)    1.    the odds of winning each prize, if they can be calculated in advance; or
2.    that the odds of winning will be determined by the number of entries, if the odds cannot be calculated in advance.
(c)    Each disclosure required under this section shall appear on the first page of the prize notification document.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5 - Charitable Solicitations › Section 6-504 - Receipt Required After Telephone Solicitation

Within 30 days after receiving a charitable contribution as a result of a charitable solicitation by telephone, a professional solicitor shall send the contributor a written receipt that contains:
(1)    the name and address of the professional solicitor;
(2)    a disclosure statement; and
(3)    other information that the Secretary of State requires.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5 - Charitable Solicitations › Section 6-505 - Charitable Contributions to Be Deposited Into Bank Account

(a)    A professional solicitor shall deposit each charitable contribution that the professional solicitor receives into a bank account established by the charitable organization.
(b)    A professional solicitor may not be authorized to withdraw money from the bank account of the charitable organization.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5 - Charitable Solicitations › Section 6-506 - Accounting Required

(a)    Within 3 months after the end of each fund-raising drive, campaign, or event, a professional solicitor shall submit to the Secretary of State, on the form that the Secretary of State provides, an accounting under oath of all money received and disbursed on a gross basis.
(b)    The professional solicitor and an authorized official of the charitable organization for which the professional solicitor acts shall sign the accounting and certify that it is true to the best of their knowledge.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5 - Charitable Solicitations › Section 6-507 - Charitable Solicitation Records

(a)    For each fund–raising drive, campaign, or event, a professional solicitor shall keep records that show:
(1)    all compensation received for services rendered and expenses incurred;
(2)    the name and address of each associate solicitor;
(3)    the amount of compensation paid to each associate solicitor and the dates when payments were made;
(4)    the name, address, and telephone number of each person solicited who made a pledge or charitable contribution;
(5)    the date of each charitable solicitation;
(6)    each amount pledged or contributed; and
(7)    if a refund was requested, the date the refund was made.
(b)    The professional solicitor shall keep the records for at least 3 years after the end of the fund–raising drive, campaign, or event.
(c)    (1)    A professional solicitor shall make the records available to the Secretary of State for inspection and copying upon reasonable notice and at any hearing that the Secretary of State holds.
(2)    If the records of an organization are maintained outside the State, upon reasonable notice, the organization shall make the records or certified copies of the records available at the Office of the Secretary of State.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5 - Charitable Solicitations › Section 6-509 - Failure to Comply With Charitable Contribution Requirements

(a)    The only persons liable under this section are:
(1)    charitable organizations;
(2)    charitable representatives; and
(3)    officers, directors, partners, or trustees of charitable organizations or charitable representatives.
(b)    Except as provided in subsection (d) of this section, a person who willfully fails to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:
(1)    actual damages that the donor sustains because of the failure;
(2)    punitive damages that the court allows, not exceeding 3 times the actual damages; and
(3)    reasonable attorney’s fees and costs of the action, if damages are awarded.
(c)    Except as provided in subsection (d) of this section, a person who is grossly negligent in failing to comply with a requirement of this title as to a charitable contribution made because of a charitable solicitation is liable to the donor of the charitable contribution for:
(1)    actual damages that the donor sustains because of the failure; and
(2)    reasonable attorney’s fees and costs of the action, if damages are awarded.
(d)    A person is not liable under this section if the person establishes by a preponderance of the evidence that, at the time of the failure to comply with a requirement under this title, the person followed reasonable procedures to comply.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5A - Public Safety Solicitors › Section 6-5A-02 - Registration Requirements

An applicant for registration as a public safety solicitor shall:
(1)    submit to the Secretary of State an application under oath on the form the Secretary of State provides for each public safety organization on whose behalf the applicant is soliciting in the State;
(2)    pay to the Secretary of State an application fee of $100 for registration as a public safety solicitor;
(3)    (i)    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
(ii)    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; and
(4)    provide any other nonproprietary information that the Secretary of State requires by regulation.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5A - Public Safety Solicitors › Section 6-5A-03 - Registration Requirements -- Bond Amount and Surety

(a)    (1)    Except as provided in subsections (c) and (f) of this section, on applying for registration as a public safety 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.
(2)    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 public safety solicitation.
(b)    An applicant for registration as a public safety solicitor shall submit a consolidated bond for all of the officers, agents, members, subcontractors, and employees of the public safety solicitor.
(c)    An applicant for registration as a public safety 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.
(d)    The Secretary of State may return a bond or irrevocable letter of credit filed under this section only if:
(1)    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
(2)    the registration period to which the bond or letter applies expires and it appears to the satisfaction of the Secretary of State that the person is not in violation of this subtitle.
(e)    The Secretary of State shall include with an application for registration as a public safety 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.
(f)    A public safety solicitor with a current registration shall not be required to execute and submit to the Secretary of State an additional bond or irrevocable letter of credit for each public safety organization on whose behalf public safety contributions will be solicited, provided that a separate application is submitted for each organization.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5A - Public Safety Solicitors › Section 6-5A-04 - Approval of Application

(a)    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.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5A - Public Safety Solicitors › Section 6-5A-06 - Requirements of Solicitations

A public safety solicitor shall include in all written solicitations and receipts for public safety contributions:
(1)    a toll free telephone number of the public safety solicitor within the local area code in which the public safety contribution is solicited for individuals or businesses solicited to obtain verification of authenticity or make complaints;
(2)    a statement that, for the cost of copying and postage, information submitted under this title is available from the Secretary of State; and
(3)    the address and the telephone number of the Secretary of State.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5A - Public Safety Solicitors › Section 6-5A-07 - Limitations of Solicitations

(a)    A public safety solicitor may not solicit public safety contributions unless the script of an oral solicitation and a copy of a written solicitation:
(1)    is approved by the public safety organization on whose behalf the public safety contribution is solicited; and
(2)    includes:
(i)    the specific purpose that is to be advanced with public safety contributions; and
(ii)    a statement that the person is soliciting on behalf of a public safety organization.
(b)    A copy of the approved script of an oral solicitation and a copy of a written solicitation shall be made available to the Secretary of State upon request.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5A - Public Safety Solicitors › Section 6-5A-08 - Limitations of Solicitations -- Actions of Solicitor

A public safety solicitor may not:
(1)    falsely state, imply, or mislead, directly or indirectly, the person solicited for a public safety contribution that the public safety solicitor is a fire fighting, ambulance, rescue, police, fraternal, or other law enforcement employee or member;
(2)    send an individual to personally pick up a public safety contribution from a private residence, business, or any other location, unless the individual presents at the time of the solicitation, collection, or attempt to collect:
(i)    photo identification; and
(ii)    correspondence from the public safety organization authorizing the public safety solicitor to solicit on behalf of the public safety organization for a stated period of time;
(3)    solicit in the State using an alias, fictitious, or false name other than the full name of the public safety organization on whose behalf the public safety contribution is solicited as stated in the application for registration as a public safety solicitor; or
(4)    promise, directly or indirectly, or imply that the individual or business being solicited will receive any additional or different law enforcement services or treatment by a fire fighting, ambulance, rescue, police, fraternal, or other law enforcement organization or employee as a result of a pledge or refusal to make a public safety contribution.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5A - Public Safety Solicitors › Section 6-5A-09 - Limitations of Solicitations -- Willful or Gross Negligence

(a)    An applicant for registration as a public safety solicitor or a registered public safety solicitor may not willfully or in a grossly negligent way:
(1)    submit to the Secretary of State a registration statement or other information that is materially false; or
(2)    commit a violation of this subtitle.
(b)    A principal owner or employee of the public safety solicitor may not willfully or in a grossly negligent way commit or cause to commit a violation of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5A - Public Safety Solicitors › Section 6-5A-10 - Penalty for Unregistered Solicitor

(a)    A person that engages in soliciting public safety contributions without prior application for registration as a public safety solicitor is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding 10 times the value of the total amount of funds improperly solicited or imprisonment not exceeding 1 year or both.
(b)    A person convicted of a violation of this section may:
(1)    be prohibited from acting as a public safety solicitor for a period up to 10 years beginning on the date of the conviction; and
(2)    be ordered to refund all improperly solicited public safety contributions to the donors who made such contributions.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5A - Public Safety Solicitors › Section 6-5A-11 - Penalty for Willful Violation; Gross Negligence; Bond Forfeiture; Fines

(a)    A person who commits a willful violation of this subtitle:
(1)    is guilty of a misdemeanor;
(2)    is subject, on conviction, to a fine not exceeding three times the value of the total gross amount of funds solicited by the public safety solicitor or imprisonment not exceeding 1 year or both; and
(3)    shall forfeit to the Secretary of State the bond required in § 6-5A-03 of this subtitle.
(b)    A person who commits a grossly negligent violation of this subtitle:
(1)    is guilty of a misdemeanor;
(2)    is subject, on conviction, to a fine not exceeding the gross amount of funds solicited by the public safety solicitor or liability for restitution that the court determines or both; and
(3)    shall forfeit to the Secretary of State the bond required in § 6-5A-03 of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-601 - Acting as Associate Solicitor, Professional Solicitor, or Fund-Raising Counsel Without Application for Registration

(a)    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.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-602 - Use of Services of Unregistered Individual

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:
(1)    is registered with the Secretary of State as an associate solicitor; or
(2)    becomes registered with the Secretary of State within 10 days after the person starts acting as an associate solicitor.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-603 - Agreement With Unregistered Charitable Organization

(a)    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.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-604 - Misuse of Registration

(a)    A charitable representative or a charitable organization may not lead the public to believe that registration is an endorsement or approval by the State.
(b)    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”.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-608 - Deceptive Act

(a)    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.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-609 - Misrepresentation -- Marks or Printed Matter

(a)    Unless authorized by a charitable organization, a person may not:
(1)    represent that a charitable contribution is requested for the charitable organization; or
(2)    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.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-610 - Misrepresentation -- Charitable Organizations or Use of Proceeds

A person may not falsely represent that:
(1)    the person on whose behalf a solicitation or sale is made is a charitable organization; or
(2)    the proceeds of a solicitation or sale will be used for a charitable purpose.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-611 - Misrepresentation -- Sponsorship or Endorsement

(a)    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.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-613 - Willful Violations

(a)    A charitable organization or a charitable representative may not willfully:
(1)    fail to submit to the Secretary of State when required a registration statement, annual report, or other information; or
(2)    submit to the Secretary of State a registration statement, report, or other information that is materially false.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-614 - Grossly Negligent Violations

(a)    A charitable organization or a charitable representative may not in a grossly negligent way:
(1)    fail to submit to the Secretary of State when required a registration statement, annual report, or other information; or
(2)    submit to the Secretary of State a registration statement, report, or other information that is materially false.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-615 - Contents of Agreement -- Between Charitable Organization and Fund-Raising Counsel

A person may not act as a fund-raising counsel unless the person’s agreement with the charitable organization states:
(1)    the names and addresses of the parties;
(2)    the services to be provided;
(3)    the number of persons to be involved in providing the services;
(4)    the time when the services are to be provided; and
(5)    the method and formula for compensation.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-616 - Contents of Agreement -- Between Charitable Organizations and Professional Solicitors

A person may not act as a professional solicitor unless the person’s agreement with the charitable organization states:
(1)    the names and addresses of the parties;
(2)    the minimum percentage of the gross receipts from charitable solicitations that will be used by the charitable organization exclusively to advance its charitable purposes;
(3)    the text that the professional solicitor or associate solicitor will use in each charitable solicitation; and
(4)    any other information that the Secretary of State requires by regulation.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-617 - Charitable Solicitation Without Authorization

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:
(1)    has written authorization that contains:
(i)    the consent of 2 officers of the charitable organization;
(ii)    the signature of the professional solicitor; and
(iii)    an express statement of the term of the authorization;
(2)    submits a copy of the authorization to the Secretary of State; and
(3)    on request, shows a copy of the authorization and personal identification to a person who is solicited.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-618 - Promotions for Charitable Organizations

(a)    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.
(b)    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:
(1)    buy goods or services;
(2)    pay money; or
(3)    submit to a promotion.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-619 - Criminal Penalty

(a)    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.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-620 - Public Containers for Deposit of Money Reflecting Name of Charitable Organization

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:
(1)    state on the device or container:
(i)    the address of the charitable organization named; and
(ii)    the name and address of the business placing the device or container, if not the charitable organization; and
(2)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-621 - Liability for Broadcast, Publication, or Printing of Solicitations in Violation of Title

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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 6 - Prohibited Acts; Penalties › Section 6-622 - Retaliatory Actions Prohibited

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.
2023 Maryland Statutes › Business Regulation › Title 6.5 - Protection of Charitable Assets › Section 6.5-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    (1)    “Charitable asset” means property that is given, received, or held for a charitable purpose, including all interest in:
(i)    real property; or
(ii)    tangible or intangible personal property.
(2)    “Charitable asset” includes:
(i)    cash;
(ii)    remainder interests;
(iii)    conservation or preservation easements or restrictions; and
(iv)    charitable contributions.
(3)    “Charitable asset” does not include property acquired or held for a for–profit purpose.
(c)    “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose whose achievement is beneficial to the community.
2023 Maryland Statutes › Business Regulation › Title 6.5 - Protection of Charitable Assets › Section 6.5-102 - Powers and Duties of Attorney General

(a)    The Attorney General shall represent the public interest in the protection of charitable assets and may:
(1)    enforce the application of a charitable asset in accordance with:
(i)    the law and terms governing the use, management, investment, distribution, and expenditure of the charitable asset; and
(ii)    the charitable purpose of the person holding the charitable asset;
(2)    act to prevent or remedy:
(i)    the misapplication, diversion, or waste of a charitable asset; or
(ii)    a breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset; and
(3)    commence or intervene in an action to:
(i)    prevent, remedy, or obtain damages for:
1.    the misapplication, diversion, or waste of a charitable asset; or
2.    a breach of fiduciary or other legal duty in the governance, management, or administration of a charitable asset;
(ii)    enforce this title; or
(iii)    determine that an asset is a charitable asset.
(b)    If the Attorney General has reason to believe an investigation is necessary to determine whether action may be advisable under this section, the Attorney General may conduct an investigation, including exercising subpoena power.
2023 Maryland Statutes › Business Regulation › Title 6.5 - Protection of Charitable Assets › Section 6.5-103 - Discovery of Misapplication, Diversion, or Waste of Charitable Asset or Breach of Fiduciary Duties

(a)    If the Secretary of State and the Attorney General find or have reasonable grounds to believe that a person has misapplied, diverted, or wasted a charitable asset or breached a fiduciary or other legal duty in the governance, management, or administration of a charitable asset, the Secretary of State and the Attorney General may enter into a settlement agreement that includes:
(1)    payment by the responsible party of the value by which the charitable asset has been diminished; or
(2)    transfer of the charitable asset to another charitable organization consistent with the charitable asset’s charitable purpose.
(b)    The Attorney General may sue in the circuit court for the county in which the alleged violation occurred for an order that:
(1)    restrains the responsible party from misapplying, diverting, or wasting a charitable asset in the State; and
(2)    secures:
(i)    payment of the value by which the charitable asset has been diminished; or
(ii)    transfer of the charitable asset to another charitable organization consistent with the charitable asset’s charitable purpose.
(c)    The remedies under this section are in addition to and do not limit the powers and duties of the Secretary of State and the Attorney General under § 6–205 of this article or § 6.5–102 of this title.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 1 - Definitions; General Provisions › Section 7-102 - Scope of Title

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Common ownership” means direct or indirect ownership of more than 50% of a person.
(3)    “Principal business” means a business activity of a person that comprises more than 50% of the total business activities of the person.
(b)    This title does not apply to:
(1)    a bank;
(2)    a federal or State credit union;
(3)    a mortgage lender;
(4)    a person acting under an order of a court of competent jurisdiction;
(5)    a licensed real estate broker, or an individual acting on behalf of the real estate broker, in the collection of rent or allied charges for property;
(6)    a savings and loan association;
(7)    a title company as to its escrow business;
(8)    a trust company;
(9)    a lawyer who is collecting a debt for a client, unless the lawyer has an employee who:
(i)    is not a lawyer; and
(ii)    is engaged primarily to solicit debts for collection or primarily makes contact with a debtor to collect or adjust a debt through a procedure identified with the operation of a collection agency; or
(10)    a person who is collecting a debt for another person if:
(i)    both persons are related by common ownership;
(ii)    the person who is collecting a debt does so only for those persons to whom it is related by common ownership;
(iii)    the principal business of the person who is collecting a debt is not the collection of debts; and
(iv)    before collecting a debt, the person files with the Board:
1.    the correct name of the person;
2.    an address and telephone number of a contact person; and
3.    the name of the person’s resident agent.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 1 - Definitions; General Provisions › Section 7-103 - Effect on Other Laws

(a)    This title does not prohibit the State Division of Consumer Protection or a local consumer protection unit from enforcing the Maryland Consumer Debt Collection Act or local law.
(b)    A local or State unit may not bring an action against a licensed collection agency for a specific violation or complaint for which an action against the licensed collection agency has been brought by:
(1)    the Board under this title; or
(2)    the State Division of Consumer Protection or a local consumer protection unit under the Maryland Consumer Debt Collection Act or under local law.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 2 - State Collection Agency Licensing Board › Section 7-202 - Membership

(a)    (1)    The Board consists of the following 5 members:
(i)    as an ex officio member, the Commissioner; and
(ii)    4 members appointed by the Governor with the advice and consent of the Senate.
(2)    Of the 4 appointed members:
(i)    2 shall represent collection agencies; and
(ii)    2 shall be consumer members.
(b)    (1)    Each consumer member of the Board:
(i)    shall be a member of the general public; and
(ii)    shall be:
1.    an officer or member of the board of a recognized consumer group in the State; or
2.    an employee of a local consumer protection unit in the State.
(2)    A consumer member of the Board may not:
(i)    be a licensee or otherwise be subject to regulation by the Board; or
(ii)    within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.
(c)    While a member of the Board, a consumer member may not have a financial interest in or receive compensation from a person regulated by the Board.
(d)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(e)    (1)    The term of an appointed member is 4 years and begins on July 1.
(2)    At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(3)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(f)    (1)    The Governor may remove an appointed member for incompetence or misconduct.
(2)    Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned who has been appointed to the Board by the Governor if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.
(3)    The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
(4)    In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 2 - State Collection Agency Licensing Board › Section 7-204 - Meetings; Expenses; Staff

(a)    The Board shall set the times and places of its meetings.
(b)    Each member of the Board is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    The Board may employ a staff in accordance with the State budget.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 2 - State Collection Agency Licensing Board › Section 7-205 - Enforcement Powers; Penalties

(a)    To carry out this title, the Board may, subject to § 7-103(b) of this title:
(1)    receive a written complaint and hold a hearing on an alleged violation by a collection agency of the Maryland Consumer Debt Collection Act or this title;
(2)    mediate a dispute between a consumer and a collection agency and suggest monetary compensation of the consumer in an amount agreeable to the consumer and collection agency or other appropriate resolution or both; and
(3)    issue orders:
(i)    to cease and desist from the violation and any further similar violations; or
(ii)    requiring the violator to take affirmative action to correct the violation.
(b)    If a violator fails to comply with a lawful order issued by the Board, the Board may impose a penalty not exceeding $10,000 for each violation cited in the order, not to exceed $25,000, from which the violator failed to cease and desist or for which the violator failed to take affirmative action to correct, as ordered by the Board.
(c)    In determining the amount of any penalty to be imposed under subsection (b) of this section, the Board shall consider:
(1)    the seriousness of the violation;
(2)    the good faith of the violator;
(3)    the violator’s history of previous violations;
(4)    the deleterious effect of the violation on the public and the collection industry; and
(5)    any other factors relevant to the determination of the financial penalty.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-301 - License Required; Exceptions

(a)    Except as otherwise provided in this title, a person must have a license whenever the person does business as a collection agency in the State.
(b)    This section does not apply to:
(1)    a regular employee of a creditor while the employee is acting under the general direction and control of the creditor to collect a consumer claim that the creditor owns; or
(2)    a regular employee of a licensed collection agency while the employee is acting within the scope of employment.
(c)    A separate license is required for the principal executive office and each branch location of a person who does business as a collection agency.
(d)    During the time period established by the Commissioner under subsection (e) of this section, each licensee shall:
(1)    obtain and maintain a valid unique identifier issued by NMLS when an account is created with NMLS; and
(2)    transfer licensing information to NMLS.
(e)    (1)    The Commissioner shall establish a time period that is not less than 2 months within which a licensee must transfer licensing information to NMLS.
(2)    The time period that the Commissioner establishes under this subsection shall begin on or after July 1, 2017.
(3)    At least 30 days before the transfer period begins, the Commissioner shall:
(i)    notify all licensees of the transfer period; and
(ii)    provide instructions for the transfer of licensing information to NMLS.
(f)    Subject to subsection (d) of this section, an applicant for an initial license or a license renewal shall apply for the initial license or license renewal through NMLS:
(1)    on or after July 1, 2017; or
(2)    if the Commissioner has not joined NMLS with respect to collection agencies as of July 1, 2017, on or after the date that the Commissioner joins, as specified by the Commissioner by public notice.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-302 - Applications for Licenses; Renewals

(a)    An applicant for a license shall:
(1)    submit a completed application in the form, and in accordance with the process, that the Board requires;
(2)    pay to the Board:
(i)    a nonrefundable application fee in the amount set by the Board; and
(ii)    a nonrefundable investigation fee in the amount set by the Board; and
(3)    provide all the information that the Board requests.
(b)    An application shall be made under oath and shall include:
(1)    the applicant’s name, principal executive office address, telephone number, e–mail address, and Web site addresses, if any;
(2)    the address of each branch location, if any;
(3)    the federal employer identification number or Social Security number of the applicant, as applicable;
(4)    the state of formation and the date of formation of the applicant if the applicant is a business entity;
(5)    the name and residence address of each control person;
(6)    the name and address of the principal contact for consumer complaints;
(7)    the name, address, and telephone number of the applicant’s resident agent; and
(8)    any other information that the Board requests.
(c)    If an applicant wishes to do business as a collection agency at a branch location, the applicant shall submit a separate application and pay a separate application fee and investigation fee for each branch location.
(d)    In addition to any other requirement for licensure under this subtitle, an applicant for a license shall file with the Board a surety bond as required under § 7–304 of this subtitle.
(e)    The Board shall issue a license to each applicant who meets the requirements of this subtitle.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-302.1 - Board to Set Fees by Regulation

(a)    The Board shall set by regulation the fees provided for in this subtitle.
(b)    The fees established by the Board under this section shall be reasonable and set in a manner that will produce funds sufficient to cover the actual direct and indirect costs of regulating collection agencies in accordance with the provisions of this title.
(c)    The Board shall publish the fee schedule set by the Board.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-302.2 - Credit of Revenue From Licensing and Payment of Fines and Penalties Into Various Funds

(a)    All revenue received for the licensing of persons under this title and any other fee or revenue received by the Board under this title shall be:
(1)    credited to the Nondepository Special Fund established under § 11–610 of the Financial Institutions Article; and
(2)    used in accordance with § 11–610(c) of the Financial Institutions Article.
(b)    Notwithstanding subsection (a) of this section, the Board shall pay all fines and penalties collected by the Board under this title into the General Fund of the State.
2023 Maryland Statutes › Business Regulation › Title 7 - Collection Agencies › Subtitle 3 - Licenses › Section 7-303 - Approval or Denial of Application

(a)    Within 60 days after an applicant submits a complete application for a license and pays the fees required by § 7–302 of this subtitle, the Board shall approve or deny the application.
(b)    To qualify for a license, an applicant shall satisfy the Board that the applicant is of good moral character and has sufficient financial responsibility, business experience, and general fitness to:
(1)    engage in business as a collection agency;
(2)    warrant the belief that the business will be conducted lawfully, honestly, fairly, and efficiently; and
(3)    command the confidence of the public.
(c)    The Board may deny an application for a license to any person who:
(1)    has committed any act that would be a ground for reprimand, suspension, or revocation of a license under this subtitle; or
(2)    otherwise fails to meet the requirements for licensure.
(d)    If an applicant does not meet the requirements of this subtitle, the Board shall:
(1)    deny the application; and
(2)    immediately notify the applicant of the denial.
(e)    (1)    The denial of an application under this section is subject to the hearing provisions of § 7–309 of this subtitle.
(2)    An applicant who seeks a hearing on a license application denial shall file a written request for a hearing within 45 days following receipt of the notice to the applicant of the applicant’s right to a hearing.