Section 6-406 - Soliciting after application for registration.
§ 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.]