reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 7 - Preneed Burial Contracts › Section 5-708 - Disbursement of Money

(a)    The trustee may not disburse specific funds until preneed goods are delivered or preneed services are performed as provided in the preneed burial contract or in this subtitle.
(b)    On performance of a preneed burial contract:
(1)    the seller shall certify to the trustee:
(i)    delivery of the preneed goods or performance of the preneed services; and
(ii)    the amount of specific funds in the trust account; and
(2)    the trustee shall then pay to the seller the specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.
(c)    (1)    In a seller’s records, the seller may itemize preneed goods or preneed services to which the trust requirements of this subtitle apply and the consideration paid or to be paid for each item.
(2)    If a seller itemizes in accordance with paragraph (1) of this subsection, on performance of that part of a preneed burial contract identified for itemized preneed goods or preneed services:
(i)    the seller shall certify to the trustee:
1.    delivery of the preneed goods or performance of the preneed services; and
2.    the amount of the specific funds identified in the seller’s records for those preneed goods or preneed services; and
(ii)    the trustee shall then pay to the seller those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.
(d)    (1)    If a preneed burial contract provides, for 2 or more individuals, preneed goods or preneed services to which the trust requirements of this subtitle apply, a seller may designate in the seller’s records the consideration paid for each individual.
(2)    On performance of that part of the preneed burial contract identified to a particular individual:
(i)    the seller shall certify to the trustee:
1.    delivery of the preneed goods or performance of the preneed services; and
2.    the amount of the specific funds applicable to that part of the preneed burial contract; and
(ii)    the trustee shall then pay to the seller those specific funds, accrued interest on the specific funds, and a prorated proportional share of total realized capital gains attributable to the specific funds.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 7 - Preneed Burial Contracts › Section 5-711 - Enforcement

(a)    If the Director finds that a seller has violated this subtitle or a regulation adopted under this subtitle, the Director may refer the matter to:
(1)    the Attorney General for civil enforcement; or
(2)    the appropriate State’s Attorney for criminal prosecution.
(b)    The Attorney General may sue for and a court may grant:
(1)    injunctive or other equitable relief;
(2)    imposition of a civil penalty not exceeding $5,000; or
(3)    both.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 7 - Preneed Burial Contracts › Section 5-712 - Prohibited Acts; Penalties

(a)    A seller may not fail to deposit, as required by this subtitle, money received under or in connection with a preneed burial contract.
(b)    (1)    Except as otherwise provided in subsection (c) of this section, a person who violates this section is guilty of a misdemeanor and, on conviction, is subject to:
(i)    for a first violation, a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both;
(ii)    for a second violation, a fine not exceeding $15,000 or imprisonment not exceeding 2 years or both; and
(iii)    for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.
(2)    Except as otherwise provided in subsection (c) of this section, if a corporation violates this section, each officer responsible for the violation is guilty of a misdemeanor and, on conviction, is subject to:
(i)    for a first violation, a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both;
(ii)    for a second violation, a fine not exceeding $15,000 or imprisonment not exceeding 2 years or both; and
(iii)    for a third or subsequent violation, a fine not exceeding $20,000 or imprisonment not exceeding 3 years or both.
(c)    A person who willfully misappropriates or intentionally and fraudulently converts preneed trust funds in excess of $100 to that person’s own use is guilty of a felony and, on conviction, is subject to a fine not exceeding $25,000 or imprisonment not exceeding 10 years or both.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 8 - Miscellaneous Provisions › Section 5-801 - Disclosures Required

(a)    At the time of entering into a contract with a consumer for the sale of burial goods or services, registrants, permit holders, or any other person subject to the provisions of this title shall make the following written disclosures:
(1)    the itemized cost for each service performed under the contract;
(2)    a list of services incidental to burial that are not covered by the contract;
(3)    a statement regarding the cemetery’s policy on the use of independent monument companies; and
(4)    the name, address, and telephone number for the State Office of Cemetery Oversight.
(b)    (1)    The disclosures required under subsection (a)(1), (2), and (3) of this section shall be conspicuously incorporated in the contract in 12–point type.
(2)    The disclosure required under subsection (a)(4) of this section shall be on a form separate from the contract and must be separately signed and dated by the consumer.
(c)    The disclosure must be signed and dated by the consumer.
(d)    The consumer must be provided with a copy of the contract and a copy of the form required under subsection (b)(2) of this section at the time of purchasing the burial goods or services.
(e)    The disclosure shall occur:
(1)    not later than the first scheduled face–to–face contact with the purchaser or party representing the purchaser; or
(2)    if no face–to–face contact occurs, at the time of the execution of the contract by the purchaser or party representing the purchaser.
(f)    The Director, by regulation, may prescribe the form and wording of the disclosure.
(g)    If the purchase by the consumer includes a cemetery plot, the registered cemeterian, permit holder, or any other person subject to the provisions of this title shall provide the consumer with a copy of a location survey, performed by a licensed land surveyor, which indicates the location of the purchased plot within the cemetery, or by any other means approved by the Director.
(h)    Registrants, permit holders, or any other person subject to the provisions of this title shall provide each buyer or prospective buyer with a general price list for the buyer or prospective buyer to keep which shall include:
(1)    specific prices for:
(i)    ground opening and closing;
(ii)    extra depth interment;
(iii)    interment of cremated remains; and
(iv)    mausoleum entombment; and
(2)    general price ranges for burial space or burial goods.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 8 - Miscellaneous Provisions › Section 5-802 - Burial or Funeral Procession in Druid Hill Park

(a)    Within 1,000 yards of Druid Hill Park:
(1)    a cemetery corporation may not allow burial or establish or maintain a cemetery; and
(2)    a person may not participate in any way in a burial in a cemetery of a cemetery corporation.
(b)    A person may not cause a funeral procession to or from a cemetery of a cemetery corporation to pass through Druid Hill Park without the written permission of the Department of Recreation and Parks.
(c)    A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $100 or imprisonment not exceeding 10 days or both.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 8 - Miscellaneous Provisions › Section 5-803 - Disposition of Unclaimed Cremains

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Eligible dependent” means a veteran’s spouse, a veteran’s unmarried child under the age of 21 years, or a veteran’s unmarried adult child who before the age of 21 became permanently incapable of self–support because of physical or mental disability.
(3)    (i)    “Identifying information” means data required by a veterans service organization to verify the eligibility of a veteran or an eligible dependent for burial in a national or state veterans cemetery.
(ii)    “Identifying information” includes name, service number, Social Security number, date of birth, date of death, place of birth, and copy of the death certificate.
(4)    “Veteran” has the meaning stated in § 9–901 of the State Government Article.
(5)    “Veterans service organization” means an association or other entity organized for the benefit of veterans that has been recognized by the U.S. Department of Veterans Affairs or chartered by Congress and any employee or representative of the association or entity.
(b)    If a licensed funeral establishment or a crematory is in possession of cremated human remains that have been unclaimed for 90 days or more, the licensed funeral establishment or holder of the permit for the business of operating a crematory shall provide identifying information of the unclaimed cremains to a veterans service organization in order for the veterans service organization to determine if the unclaimed cremains are those of a veteran or an eligible dependent.
(c)    Within 45 days after receipt of the information required by subsection (b) of this section, the veterans service organization shall notify the licensed funeral establishment or permit holder:
(1)    whether the cremains are those of a veteran or an eligible dependent; and
(2)    if so, whether the veteran or eligible dependent is eligible for burial in a veterans cemetery.
(d)    If the unclaimed cremains are those of a veteran or an eligible dependent, the licensed funeral establishment or permit holder may transfer the cremains to a veterans service organization for the purpose of disposition of the cremains.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 9 - Prohibited Acts › Section 5-901 - Registration Requirement

(a)    Except as otherwise provided in this title, an individual may not engage in cemetery operations, attempt to engage in cemetery operations, or provide or offer to provide burial space, goods, and services unless the individual is authorized as a registrant.
(b)    Except as otherwise provided in this title, an individual may not engage in a burial goods business or attempt to provide burial goods unless the individual is authorized as a registrant.
(c)    Except as otherwise provided in this title, an individual may not engage in the operation of a crematory, attempt to engage in the operation of a crematory, or provide or offer to provide cremation services unless the individual is authorized as a registrant.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 9 - Prohibited Acts › Section 5-902 - Corporations and Partnerships

Except for a registered cemeterian, registered crematory operator, or registered seller who operates a business as a sole proprietor or a registrant employed by a sole proprietor, a person may not engage in the operation of a cemetery, crematory, or burial goods business unless:
(1)    the business is a corporation, limited liability company, or partnership; and
(2)    the corporation, limited liability company, or partnership holds a permit issued under this title.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 9 - Prohibited Acts › Section 5-903 - Unauthorized Representations

Unless a person is authorized as a registrant, a person may not represent to the public, by use of a title, including cemeterian, registered cemeterian, crematory operator, registered crematory operator, burial goods seller, or registered seller, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the operation of a cemetery or crematory or provide burial goods.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 9 - Prohibited Acts › Section 5-904 - Penalties

A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to:
(1)    for a first violation, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both;
(2)    for a second violation, a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both; and
(3)    for a third or subsequent violation, a fine not exceeding $15,000 or imprisonment not exceeding 3 years or both.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 9 - Prohibited Acts › Section 5-905 - Violation; Enforcement; Penalties

(a)    If the Director finds that a person has violated this subtitle or a regulation adopted under this subtitle, the Director may refer the matter to:
(1)    the Attorney General for civil enforcement; or
(2)    the appropriate State’s Attorney for criminal prosecution.
(b)    The Attorney General may sue for and a court may grant:
(1)    injunctive or other equitable relief;
(2)    imposition of a civil penalty not exceeding $5,000; or
(3)    both.
2023 Maryland Statutes › Business Regulation › Title 5 - Cemeteries › Subtitle 10 - Termination of Title › Section 5-1002 - Termination of Title

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, the Office of Cemetery Oversight, the provisions in this title relating to the Office, and all regulations adopted by the Office shall terminate and be of no effect after July 1, 2033.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 1 - Definitions; General Provisions › Section 6-102 - Scope of Title

(a)    (1)    In this section, “member” includes a student, former student, parent of a student or former student, present or former board member, and staff member of an accredited school, college, or university.
(2)    In this section, “member” does not include an individual who is granted membership on making a charitable contribution as the result of a charitable solicitation.
(b)    (1)    Except as provided in paragraph (2) of this subsection, this title does not apply to fund-raising by a volunteer organization of firefighters or rescue or ambulance personnel for its ambulance, fire fighting, or rescue operations.
(2)    This title applies to a public safety solicitor employed by a volunteer organization of firefighters or rescue or ambulance personnel.
(c)    (1)    Except as provided in paragraph (2) of this subsection, a charitable organization is exempt from the registration and disclosure requirements of this title if the charitable organization:
(i)    does not employ a professional solicitor; and
(ii)    1.    solicits charitable contributions for a named individual and the gross amount is delivered to the individual;
2.    A.    is a religious organization, a parent organization of a religious organization, or a school affiliated with a religious organization; and
B.    has in effect a declaration of tax-exempt status from the government of the United States;
3.    solicits charitable contributions only from its members;
4.    does not receive more than $25,000 in charitable contributions from the public during the year for which a registration statement and annual report otherwise would be required; or
5.    only receives contributions from for-profit corporations and organizations determined to be private foundations by the government of the United States.
(2)    (i)    A charitable organization claiming exemption under paragraph (1) of this subsection shall submit evidence of its entitlement to an exemption upon request of the Secretary of State.
(ii)    A charitable organization that fails to submit evidence satisfactory to the Secretary of State under subparagraph (i) of this paragraph is not exempt from the requirements of this title.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 2 - Powers and Duties of the Secretary of State and the Attorney General › Section 6-201 - Charitable Giving Information Program

(a)    In this section, “Program” means the Charitable Giving Information Program.
(b)    There is a Charitable Giving Information Program in the Office of the Secretary of State.
(c)    The purpose of the Program is to educate the public about charitable organizations and charitable solicitations so that members of the public can:
(1)    recognize unlawful or misleading charitable solicitations; and
(2)    make informed decisions about charitable contributions to charitable organizations.
(d)    The Program shall inform the public of:
(1)    the laws and regulations about charitable organizations and charitable solicitations, including registration requirements, prohibited acts and penalties, and the availability of information through the Office of the Secretary of State;
(2)    the importance of reporting alleged unlawful or misleading charitable solicitations to the Office of the Secretary of State;
(3)    an address and toll-free telephone number through which the public can get information about charitable organizations and charitable solicitations and can report alleged violations of this title;
(4)    precautions an individual may take before making a charitable contribution to a charitable organization; and
(5)    any other information the Secretary of State believes will help the public make informed decisions about charitable contributions to charitable organizations.
(e)    The Program shall make available:
(1)    written materials, in places easily accessible to the public, including libraries, schools, and other public buildings;
(2)    on request, individuals to speak to community groups or other groups; and
(3)    material for broad distribution to the public or for use by the news media.
(f)    (1)    The Program may make available a disk containing computerized data if:
(i)    the Secretary of State determines that making the disk available serves the purposes of the Program; and
(ii)    the person agrees in writing to use the disk only for purposes approved by the Secretary of State, and not to copy the disk, or permit the disk to be copied, without the prior written consent of the Secretary of State.
(2)    (i)    The Secretary of State may charge a reasonable fee for a disk under this section.
(ii)    The fee may not exceed the actual cost of purchasing and preparing the disk.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 2 - Powers and Duties of the Secretary of State and the Attorney General › Section 6-202 - Service on Foreign Charitable Organizations or Representatives

(a)    In this section, “foreign charitable organization or representative” means a charitable organization or charitable representative who:
(1)    has its principal place of business out of state; or
(2)    is organized under the laws of another state.
(b)    By soliciting a charitable contribution in the State, a foreign charitable organization or representative irrevocably appoints the Secretary of State as agent to receive a subpoena, summons, or other process that is:
(1)    issued in an action brought under this title; and
(2)    directed to:
(i)    the foreign charitable organization or representative; or
(ii)    a partner, principal officer, or director of the foreign charitable organization or representative.
(c)    Service of process is sufficient service on a foreign charitable organization or representative if:
(1)    service is made by the personal delivery and leaving of a copy of the process with the Secretary of State or the authorized representative of the Secretary of State; and
(2)    the Secretary of State sends a copy of the process by certified mail to the foreign charitable organization or representative at its last known address.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 2 - Powers and Duties of the Secretary of State and the Attorney General › Section 6-203 - Public Records

Each document submitted to the Secretary of State under this title is a public record and shall be:
(1)    kept in the Office of the Secretary of State for at least 2 years; and
(2)    made available to the public during the normal business hours of the Secretary of State for inspection and for photocopying at a reasonable price.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 2 - Powers and Duties of the Secretary of State and the Attorney General › Section 6-206 - Reciprocal Agreements

The Secretary of State or the Attorney General may make reciprocal agreements with other states to:
(1)    exchange information about charitable organizations or charitable representatives; or
(2)    accept substantially similar information submitted to those states by charitable organizations or charitable representatives instead of the information required to be submitted under this title.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 2A - Charitable Enforcement Fund › Section 6-2A-01 - General Consideration

(a)    In this subtitle, “Fund” means the Charitable Enforcement Fund.
(b)    There is a Charitable Enforcement Fund in the Office of the Secretary of State.
(c)    The purpose of the Fund is to support the actions of the Secretary of State and the Attorney General in administering and enforcing this title and Title 6.5 of this article.
(d)    The Secretary of State shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    revenue distributed to the Fund under §§ 6–302 and 6–407 of this title;
(2)    money appropriated in the State budget to the Fund; and
(3)    any other money from any other source accepted for the benefit of the Fund.
(g)    The Fund may 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.
(h)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 3 - Charitable Representatives › Section 6-301 - Registration Required

(a)    A person must have applied to register appropriately with the Secretary of State whenever the person acts as:
(1)    an associate solicitor;
(2)    a professional solicitor; or
(3)    a fund-raising counsel.
(b)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 3 - Charitable Representatives › Section 6-302 - Applications for Registration

(a)    An applicant for registration as a professional solicitor or fund–raising counsel shall:
(1)    submit to the Secretary of State an application under oath on the form that the Secretary of State provides;
(2)    pay to the Secretary of State an application fee of:
(i)    $250 for registration as a fund–raising counsel; or
(ii)    $350 for registration as a professional solicitor; and
(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.
(b)    (1)    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.
(2)    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:
(i)    lists in the application the name of each current officer, agent, member, associate solicitor, and employee who works in fund–raising; and
(ii)    submits to the Secretary of State the name of each person within 10 days after the person starts employment.
(c)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 3 - Charitable Representatives › Section 6-303 - Surety Bond; Irrevocable Letter of Credit

(a)    (1)    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.
(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 charitable solicitation.
(3)    The applicant shall keep the bond in force as long as the registration is in effect.
(b)    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.
(c)    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.
(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 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.
(e)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 3 - Charitable Representatives › Section 6-304 - Issuance of Registration

(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 3 - Charitable Representatives › Section 6-306 - Registration Before Accounting

(a)    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:
(1)    that accounting; or
(2)    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.
(b)    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:
(1)    that accounting; or
(2)    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.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 3 - Charitable Representatives › Section 6-307 - Acting as Charitable Representative After Application for Registration

(a)    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.
(b)    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.
(c)    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:
(1)    has not applied to register;
(2)    has not applied to register in the appropriate category;
(3)    has not met the registration requirements of the category for which the person has applied; or
(4)    has otherwise violated the Maryland Charitable Solicitations Act.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-401 - Registration Required

(a)    A charitable organization shall register and receive a registration letter from the Secretary of State before the charitable organization:
(1)    solicits charitable contributions in the State;
(2)    has charitable contributions solicited on its behalf in the State; or
(3)    solicits charitable contributions outside of the State, if the charitable organization is in the State.
(b)    A separate registration statement and a registration letter is necessary before any of the following charitable organizations can solicit:
(1)    a federated fund-raising organization consisting of independent charitable organizations, including a united fund and a community chest, that:
(i)    have joined to solicit charitable contributions and distribute them among themselves; but
(ii)    keep their own operating authority and control; or
(2)    an independent charitable organization, including one that is a member of a federated fund-raising organization, unless it is specifically exempted or it does not solicit charitable contributions other than as a member of a federated fund-raising organization.
(c)    (1)    A parent organization shall submit a consolidated registration statement for the affiliates, branches, or chapters in the State that it coordinates, controls, or supervises.
(2)    An affiliate, branch, or chapter of a charitable organization shall:
(i)    report information needed for a consolidated registration statement to its parent organization;
(ii)    submit a separate registration statement; and
(iii)    receive a registration letter from the Secretary of State prior to soliciting.
(3)    For purposes of this subsection, an independent member agency of a federated fund-raising organization is not an affiliate, branch, or chapter.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-404 - Approval of Application; Reasons for Noncompliance

(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)    (1)    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:
(i)    shall notify the applicant of the reasons the applicant is not in compliance; and
(ii)    for each month or part of a month that the applicant is not in compliance, may assess a fee of $25 30 days after a second notice is sent, by regular mail, to the applicant at the address on file with the Secretary of State.
(2)    If the Secretary of State fails to notify the applicant of a noncompliant application within 10 business days as required by paragraph (1) of this subsection, the applicant shall be deemed registered.
(c)    (1)    An applicant for registration who receives notice of a noncompliant application under subsection (b) of this section may request a hearing with the Secretary of State within 7 business days after receiving the notice.
(2)    The Secretary of State shall:
(i)    hold a hearing within 7 business days after a request for a hearing from an applicant; and
(ii)    make a final decision within 3 business days after the hearing.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-405 - Requirements of Exempt Person

(a)    Except for parent-teacher organizations and youth sports organizations soliciting charitable contributions for programs for minors, a person exempt under § 6-102(c)(1)(ii)1 or 4 of this title shall submit annually a fund-raising notice to the Secretary of State on the form that the Secretary requires.
(b)    A person exempt under § 6-102(c)(1)(ii)2 of this title shall submit an IRS Form 990 to the Secretary of State if required to file one with the Internal Revenue Service.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-406 - Soliciting After Application for Registration

(a)    (1)    Unless exempted from registration under § 6-413 of this subtitle, a person may not solicit the public as a charitable organization prior to registration.
(2)    The Circuit Court of Anne Arundel County or other court of competent jurisdiction may restrain or enjoin a person from soliciting in violation of paragraph (1) of this subsection.
(b)    (1)    Except as provided in paragraph (2) of this subsection, the Secretary of State has the burden of proof in any court proceeding:
(i)    to restrain or enjoin a charitable organization from soliciting the public; or
(ii)    based on an appeal by a charitable organization of a final decision of the Secretary of State under § 6-404(c) of this subtitle.
(2)    A charitable organization claiming to be exempt from the requirements of this title has the burden of production of evidence on that issue.
(c)    The Circuit Court for Anne Arundel County or other court of competent jurisdiction may order a charitable organization to stop soliciting the public if the charitable organization:
(1)    is required to be registered but has not applied to be registered; or
(2)    has otherwise violated the Maryland Charitable Solicitations Act.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-407 - Annual Fees

(a)    A charitable organization that collects less than $25,000 in charitable contributions from the public in a year need not pay an annual fee, except that, if the charitable organization uses a professional solicitor, it shall pay an annual fee of $50.
(b)    (1)    Each charitable organization that submits a separate registration statement and collects at least $25,000 in charitable contributions from the public in a year shall pay an annual fee based on the charitable contributions collected.
(2)    The annual fee shall be:
(i)    $50, if charitable contributions from the public are at least $25,000 but less than $50,001;
(ii)    $75, if charitable contributions from the public are at least $50,001 but less than $75,001;
(iii)    $100, if charitable contributions from the public are at least $75,001 but less than $100,001;
(iv)    $200, if charitable contributions from the public are at least $100,001 but less than $500,001; and
(v)    $300, if charitable contributions from the public are at least $500,001.
(c)    (1)    An organization failing to file an annual report either by the end of the 6–month period after the end of the charitable organization’s fiscal year or within any period of extension granted shall pay, in addition to the annual fee, $25 for each month or part thereof after the date on which the annual report was due to be filed or after the period of extension granted for such filing.
(2)    The late fee shall be assessed 60 days after:
(i)    the end of the 6th month after the end of the fiscal year; or
(ii)    the period of extension.
(3)    Failure to remit an assessed late fee is a violation of this title.
(d)    The following revenues 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:
(1)    $100 of the annual fee paid by each charitable organization under subsection (b)(2)(v) of this section; and
(2)    the late fees collected under subsection (c) of this section.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-408 - Annual Report

(a)    A charitable organization that solicits or intends to solicit charitable contributions after it submits a registration statement to the Secretary of State shall submit an annual report in accordance with this section.
(b)    A charitable organization shall submit an annual report to the Secretary of State:
(1)    within 6 months after the end of the charitable organization’s fiscal year; or
(2)    by any later date that the Secretary of State sets.
(c)    The annual report shall contain:
(1)    any change to the registration statement and to a previous annual report;
(2)    the financial information and any supporting audit or review that the Secretary of State requires; and
(3)    an affidavit signed by the chairman, president, or other principal officer attesting to the truth of the annual report and all supporting documents.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-410 - Financial Statement

(a)    Within 30 days after receiving a request, a charitable organization shall mail a current financial statement at no charge to the person who requested it.
(b)    The financial statement shall contain:
(1)    the name, address, and telephone number of the charitable organization;
(2)    (i)    the amount of total revenue, the amount of total revenue received from charitable contributions, and the amount and percentage of total revenue used by the charitable organization for its management and general expenses, fund-raising expenses, and program service expenses during the preceding fiscal year; or
(ii)    if the charitable organization is newly organized, the estimated percentage of charitable contributions being sought that will be used for its management and general expenses, fund-raising expenses, and program service expenses; and
(3)    if the charitable organization is registered with the Secretary of State, a declaration that the charitable organization is registered, but that registration is not and does not imply endorsement of any charitable solicitation.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-411 - Disclosure Statement

(a)    This section does not apply to:
(1)    a charitable solicitation by an accredited school, college, or university to its students, former students, parents of students or former students, board members, or staff; or
(2)    a formal grant application prepared for and submitted to a specific corporation or foundation.
(b)    (1)    A charitable solicitation that is a specific written request to the public for a charitable contribution shall contain a disclosure statement.
(2)    A written receipt for a charitable contribution shall contain a disclosure statement.
(c)    The disclosure statement shall be displayed conspicuously on a charitable solicitation and on a receipt for a charitable contribution.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-412 - Financial Records

(a)    A charitable organization shall keep accurate financial records about its activities in the State in a form that will enable it to provide the information required under this title.
(b)    On request, a charitable organization shall make its financial records available to the Secretary of State for inspection.
(c)    A charitable organization shall keep its financial records for at least 3 years after the end of the period of registration to which they relate.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-413 - Exemption From Submission Requirement

The Secretary of State may exempt from the requirement of a registration statement or annual report a charitable organization that:
(1)    is organized under the laws of another state that has a statute substantially similar to this title;
(2)    has been exempted from the submission of a registration statement by that other state;
(3)    has its principal place of business outside this State; and
(4)    gets its money principally from sources outside this State.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-415 - Restrictions on Voting

An individual who is a director, officer, partner, or trustee of a charitable organization may not vote to authorize, approve, or ratify a contract or transaction related to charitable solicitations if the individual has a material financial interest or a material conflicting interest in the contract or transaction.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 4 - Charitable Organizations › Section 6-416 - Restrictions on Soliciting and Spending Money

(a)    A charitable organization may solicit charitable contributions or spend them only for a charitable purpose that is stated in its registration statement and most recent annual report.
(b)    On the request of a donor, a charitable organization shall provide the donor with a statement of the programs and uses for which the funds are requested.
(c)    A charitable organization shall establish and exercise controls over fund-raising activities conducted for its benefit, by itself or by a professional solicitor or fund-raising counsel.
(d)    A charitable organization may not misrepresent the purpose for which funds are solicited.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5 - Charitable Solicitations › Section 6-501 - Agreements

(a)    An agreement between a charitable organization and a fund–raising counsel or professional solicitor and any subcontract or other contract in furtherance of such an agreement shall be in writing.
(b)    A fund–raising counsel or professional solicitor shall submit to the Secretary of State a copy of all agreements under subsection (a) of this section on or before the earlier of:
(1)    the tenth day after the agreement is made; or
(2)    the start of a charitable solicitation.
(c)    The text that a professional solicitor or associate solicitor uses in a charitable solicitation shall be attached to the agreement and shall include:
(1)    the name of the charitable organization for which the charitable solicitation is made;
(2)    the specific charitable purpose that is to be advanced with charitable contributions as shown in the registration statement; and
(3)    a statement that the person who solicits charitable contributions:
(i)    is a paid fund–raiser; and
(ii)    on request, will provide a copy of the charitable organization’s financial statement.
(d)    An agreement between a professional solicitor, fund–raising counsel, or charitable organization and a person engaged to receive or hold contributions resulting from a professional solicitor or fund–raising counsel agreement shall be attached to the professional solicitor or fund–raising counsel agreement filed with the Secretary of State.
(e)    An agreement between a charitable organization and a fund–raising counsel or professional solicitor may not contain a provision that states:
(1)    that the charitable organization may not use contributions from a solicitation for its charitable purposes until some or all fund–raising expenses have been paid; or
(2)    that the professional solicitor or fund–raising counsel may engage in a direct mail or other solicitation in the charity’s name for the purpose of paying or offsetting preexisting fund–raising expenses.
2023 Maryland Statutes › Business Regulation › Title 6 - Charitable Organizations and Charitable Representatives › Subtitle 5 - Charitable Solicitations › Section 6-502 - Fund-Raising Notice

(a)    (1)    A professional solicitor shall submit a fund-raising notice to the Secretary of State before starting a public solicitation.
(2)    The notice shall be submitted on the form that the Secretary of State provides.
(b)    The notice shall contain the information that the Secretary of State requires, including each fund-raising method to be used and the dates set for each fund-raising drive, event, or campaign of the charitable solicitation.