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ROBERT L. EHRLICH, JR., Governor Ch. 459
6-406.
(a) (1) [A person who has applied to register as a charitable organization
may solicit the public unless and until the Circuit Court for Anne Arundel County or
other court of competent jurisdiction orders the applicant to stop.] 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
has not met all registration requirements]; or
(2) has otherwise violated the Maryland Charitable Solicitations Act.
6-411.
(b) (1) A charitable solicitation that is a specific written request to the
public for [money] A CHARITABLE CONTRIBUTION shall contain a disclosure
statement.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2006.
Approved May 16, 2006.
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- 2359 -
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