Section 6-401 - Registration required.
§ 6-401. Registration required.
(a) In general.- A charitable organization shall register and receive a registration letter from the Secretary of State before the charitable organization:
(1) solicits charitable contributions in the State;
(2) has charitable contributions solicited on its behalf in the State; or
(3) solicits charitable contributions outside of the State, if the charitable organization is in the State.
(b) For federated, member-agency, and parent organizations.- A separate registration statement and a registration letter is necessary before any of the following charitable organizations can solicit:
(1) a federated fund-raising organization consisting of independent charitable organizations, including a united fund and a community chest, that:
(i) have joined to solicit charitable contributions and distribute them among themselves; but
(ii) keep their own operating authority and control; or
(2) an independent charitable organization, including one that is a member of a federated fund-raising organization, unless it is specifically exempted or it does not solicit charitable contributions other than as a member of a federated fund-raising organization.
(c) For affiliates, branches, and chapters.-
(1) A parent organization shall submit a consolidated registration statement for the affiliates, branches, or chapters in the State that it coordinates, controls, or supervises.
(2) An affiliate, branch, or chapter of a charitable organization shall:
(i) report information needed for a consolidated registration statement to its parent organization;
(ii) submit a separate registration statement; and
(iii) receive a registration letter from the Secretary of State prior to soliciting.
(3) For purposes of this subsection, an independent member agency of a federated fund-raising organization is not an affiliate, branch, or chapter.
[An. Code 1957, art. 41, §§ 3-201, 3-202; 1992, ch. 4, § 2; 2006, ch. 459.]