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Session Laws, 1976
Volume 734, Page 1876   View pdf image
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1876

LAWS OF MARYLAND

Ch. 679

ORGANIZED UNDER THE LAWS OF ANOTHER STATE, WHICH OR WHO
SOLICITS CONTRIBUTIONS FROM PEOPLE IN THIS STATE IS
SUBJECT TO THE PROVISIONS OF THIS SUBTITLE AND SHALL BE
DEEMED TO HAVE IRREVOCABLY APPOINTED THE SECRETARY OF
STATE AS ITS OR HIS AGENT UPON WHOM MAY BE SERVED ANY
SUMMONS, SUBPOENA, SUBPOENA DUCES TECUM, OR OTHER

PROCESS        DIRECTED TO THE CHARITABLE ORGANIZATION,

PROFESSIONAL FUND-RAISER COUNSEL, OR PROFESSIONAL

SOLICITOR OR ANY PARTNER, PRINCIPAL OFFICER, OR DIRECTOR
THEREOF IN ANY ACTION OR PROCEEDING BROUGHT UNDER THE
PROVISIONS OF THIS SUBTITLE. SERVICE OF PROCESS UPON THE
SECRETARY OF STATE SHALL BE MADE BY PERSONALLY DELIVERING
TO AND LEAVING WITH HIM A COPY OF IT. SUCH SERVICE SHALL
BE SUFFICIENT SERVICE UPON THE CHARITABLE ORGANIZATION,
PROFESSIONAL FUND-RAISER COUNSEL, OR PROFESSIONAL

SOLICITOR PROVIDED A COPY OF IT IS SENT BY THE SECRETARY
OF STATE TO THE CHARITABLE ORGANIZATION, PROFESSIONAL
FUND-RAISER COUNSEL, OR PROFESSIONAL SOLICITOR BY
REGISTERED OR CERTIFIED MAIL.

103L. ENFORCEMENT AND PENALTIES.

(A)          A CHARITABLE ORGANIZATION, PROFESSIONAL
FUND-RAISER COUNSEL, OR PROFESSIONAL SOLICITOR WHICH
WILFULLY FAILS TO FILE A REGISTRATION STATEMENT, REPORT,
OR OTHER INFORMATION WITH THE SECRETARY OF STATE OR
WILFULLY FILES SUCH A STATEMENT, REPORT, OR OTHER
INFORMATION WHICH IS MATERIALLY FALSE, OR OTHERWISE
WILFULLY VIOLATES THE REQUIREMENTS OF THIS SUBTITLE, IS
GUILTY OF A MISDEMEANOR, AND, UPON CONVICTION, SHALL BE
FINED NOT MORE THAN $5,000 OR SENTENCED TO IMPRISONMENT
FOR NOT MORE THAN ONE YEAR, OR BE BOTH FINED AND
IMPRISONED. AN OFFICER, DIRECTOR, PARTNER, OR TRUSTEE OF
A CHARITABLE ORGANIZATION, PROFESSIONAL FUND-RAISER
COUNSEL, OR PROFESSIONAL SOLICITOR WHICH IS ORGANIZED IN
CORPORATE, PARTNERSHIP, OR OTHER ORGANIZATIONAL FORK WHO
CAUSES THE ENTITY TO COMMIT A WILFUL VIOLATION OF THIS
SUBTITLE IS ALSO GUILTY OF A MISDEMEANOR, AND, UPON
CONVICTION, IS SUBJECT TO THE SAME PENALTIES AS THE
ENTITY.

(B)         THE SECRETARY OF STATE IS AUTHORIZED, UPON
COMPLAINT OR UPON HIS OWN MOTION, TO INVESTIGATE ALLEGED
VIOLATIONS OF THIS SUBTITLE.         IF HE FINDS THAT A
CHARITABLE ORGANIZATION, PROFESSIONAL FUND-RAISER
COUNSEL, OR PROFESSIONAL SOLICITOR HAS VIOLATED A
PROVISION OF THIS SUBTITLE, HE MAY:

(1)          CANCEL AND ANNUL THE REGISTRATION OF THE
VIOLATOR;

(2)          REFER THE MATTER TO THE ATTORNEY GENERAL
FOR CIVIL ENFORCEMENT UNDER SUBSECTION (C); AND

(3)          REFER THE MATTER TO THE APPROPRIATE
STATE'S ATTORNEY FOR PROSECUTION.

(C)         UPON REFERRAL BY THE SECRETARY OF STATE, THE

 

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Session Laws, 1976
Volume 734, Page 1876   View pdf image
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