English

Topics: Charities, Public safety, Non-profit organization Pages: 6 (870 words) Published: October 21, 2013
Article ­ Business Regulation
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§6–101.
(a)

In this title the following words have the meanings indicated.

(b) “Associate solicitor” means a person who, for pay, solicits or receives charitable contributions for a professional solicitor.
(c) (1) “Charitable contribution” means a contribution
representation that it will be used for a charitable purpose.

made

on

a

(2) “Charitable contribution” includes the payment, transfer, or enforceable pledge of financial help, including money, credit, property, or services. (3)

“Charitable contribution” does not include:
(i)

an unsolicited gift;

(ii)

a government grant or government money;

(iii) membership assessments, dues, or fines;
(iv) a payment for property sold or services rendered by a charitable organization, unless the property is sold or the services are rendered in connection with a charitable solicitation; and
(v)

a public safety contribution as defined in subsection (j) of this

section.
(d)

(1)

“Charitable organization” means:
(i)

a person that:

1.
is or holds itself out to be a benevolent, educational,
eleemosynary, humane, patriotic, philanthropic, or religious organization; and 2.

solicits or receives charitable contributions from the public;

or
(ii) an ambulance, fire fighting, fraternal, rescue, or police or other law enforcement organization when it solicits charitable contributions from the public. (2) “Charitable organization” includes an area, branch, chapter, office, or similar affiliate that solicits charitable contributions from the public within the State for a charitable organization that is organized or has its principal place of business outside the State.

– 1 –

(3)

“Charitable organization” does not include:
(i)

an agency of the State government or of a political subdivision; or

(ii)

a political club, committee, or party.

(e) “Charitable representative” means a professional solicitor, associate solicitor, or fund­raising counsel.
(f)
(1) “Charitable solicitation” means an oral or written request for a charitable contribution, regardless of whether the person who makes the request receives the charitable contribution.
(2)

“Charitable solicitation” includes:
(i)

a fund­raising drive, event, campaign, or other activity;

(ii)

an announcement to the news media seeking charitable

contributions;
(iii) except as provided in § 6­621 of this title, the distribution of a written advertisement or other publication that, directly or implicitly, seeks charitable contributions; and
(iv) the sale of, or offer or attempt to sell an admission,
advertisement, advertising space, book card, chance, coupon, device, magazine, membership, merchandise, patron listing, subscription, tag, ticket, or other tangible item in connection with which:
1.

an appeal is made for charitable contributions;

2.
the name of a charitable organization is used expressly or
implicitly to induce a purchase; or
3.
a statement is made that some or all of the proceeds from
the sale are to be used for a charitable purpose.
(g) “Disclosure statement” means a written statement that includes the following information:
(1) a statement that a copy of the current financial statement of the charitable organization is available on request;
(2) the name of the charitable organization and the address and telephone number where requests for a copy of the financial statement should be directed; and (3) a statement that, for the cost of copies and postage, documents and information submitted under this title are available from the Secretary of State. – 2 –

(h)

(1)

“Fund­raising counsel” means a person who, for pay:

(i)
advises a charitable organization about a charitable solicitation in Maryland or holds, plans, or manages a charitable solicitation in Maryland; but (ii)

does not directly solicit or receive charitable contributions from

the public.
(2)...
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