Section 6-406 - Soliciting after application for registration. - Maryland Statutes

§ 6-406. Soliciting after application for registration.
 

(a)  Soliciting after application for registration.-  

(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)  Burden of proof; burden of production.-  

(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)  Stop order.- 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. 
 

[1992, ch. 125, § 2; 1993, ch. 386, § 3; 2006, ch. 459.]