Ch. 657                                       LAWS OF MARYLAND

(1)  ANY ACTUAL DAMAGES SUSTAINED BY THE DONOR AS A
RESULT OF THE FAILURE; AND

(2)  IN THE CASE OF A SUCCESSFUL ACTION TO ENFORCE
LIABILITY UNDER THIS SECTION, THE COSTS OF THE ACTION TOGETHER
WITH REASONABLE ATTORNEY'S FEES, AS DETERMINED BY THE COURT.

(C) A PERSON CHARITABLE ORGANIZATION, FUND-RAISING
COUNSEL, PROFESSIONAL SOLICITOR, SOLICITOR, OR AN OFFICER,
DIRECTOR, PARTNER, OR TRUSTEE OF A CHARITABLE ORGANIZATION, IS

NOT LIABLE TO A DONOR UNDER THIS SECTION IF THE PERSON

ESTABLISHES THEY ESTABLSH BY A PREPONDERANCE OF THE EVIDENCE
THAT, AT THE TIME OF THE FAILURE, THE PERSON MAINTAINED THEY
FOLLOWED REASONABLE PROCEDURES TO COMPLY WITH THIS SUBTITLE.

3-216.

EACH PERSON, AND EACH OFFICER, DIRECTOR, TRUSTEE, EMPLOYEE,
AND INDEPENDENT CONTRACTOR OF A PERSON, INVOLVED WITH SOLICITING,
COLLECTING, OR EXPENDING CONTRIBUTIONS FOR CHARITABLE PURPOSES IS
DEEMED TO BE A FIDUCIARY AND TO BE ACTING IN A FIDUCIARY
CAPACITY.

THE FOLLOWING PERSONS ARE DEEMED TO BE FIDUCIARIES AND TO BE
ACTING IN A FIDUCIARY CAPACITY WITH RESPECT TO THE CHARITABLE
CONTRIBUTIONS THEY SOLICIT, COLLECT, OR EXPEND:

(1)  CHARITABLE ORGANIZATIONS;

(2)  FUND-RAISING COUNSELS;

(3)  PROFESSIONAL SOLICITORS;

(4)  SOLICITORS; AND

(5)  OFFICERS, DIRECTORS, PARTNERS, OR TRUSTEES OF A
CHARITABLE ORGANIZATION, FUND-RAISING COUNSEL, PROFESSIONAL
SOLICITOR, OR SOLICITOR.

3-217.

AN OFFICER, DIRECTOR, PARTNER, OR TRUSTEE OF A CHARITABLE
ORGANIZATION MAY NOT VOTE FOR THE AUTHORIZATION, APPROVAL, OR
RATIFICATION OF A CONTRACT OR TRANSACTION INVOLVING A MATTER
RELATED TO A CHARITABLE SOLICITATION IN WHICH THE OFFICER,
DIRECTOR, PARTNER, OR TRUSTEE HAS A MATERIAL FINANCIAL INTEREST
OR A MATERIAL CONFLICTING INTEREST.

3-217. 3-218.

THIS SUBTITLE MAY BE CITED AS THE "CHARITABLE ORGANIZATION
SOLICITATIONS LAW".

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