Section 6-501 - Agreements.
§ 6-501. Agreements.
(a) Written agreement.- An agreement between a charitable organization and a fund-raising counsel or professional solicitor and any subcontract or other contract in furtherance of such an agreement shall be in writing.
(b) Copy to Secretary of State.- A fund-raising counsel or professional solicitor shall submit to the Secretary of State a copy of all agreements under subsection (a) on or before the earlier of:
(1) the tenth day after the agreement is made; or
(2) the start of a charitable solicitation.
(c) Contents of text used in charitable solicitation.- The text that a professional solicitor or associate solicitor uses in a charitable solicitation shall be attached to the agreement and shall include:
(1) the name of the charitable organization for which the charitable solicitation is made;
(2) the specific charitable purpose that is to be advanced with charitable contributions as shown in the registration statement; and
(3) a statement that the person who solicits charitable contributions:
(i) is a paid fund-raiser; and
(ii) on request, will provide a copy of the charitable organization's financial statement.
(d) Agreement with person engaged to receive or hold contributions.- An agreement between a professional solicitor, fund-raising counsel, or charitable organization and a person engaged to receive or hold contributions resulting from a professional solicitor or fund-raising counsel agreement shall be attached to the professional solicitor or fund-raising counsel agreement filed with the Secretary of State.
(e) Prohibited provisions.- An agreement between a charitable organization and a fund-raising counsel or professional solicitor may not contain a provision that states:
(1) that the charitable organization may not use contributions from a solicitation for its charitable purposes until some or all fund-raising expenses have been paid; or
(2) that the professional solicitor or fund-raising counsel may engage in a direct mail or other solicitation in the charity's name for the purpose of paying or offsetting preexisting fund-raising expenses.
[An. Code 1957, art. 41, §§ 3-201, 3-204, 3-206, 3-207; 1992, ch. 4, § 2; 1993, ch. 386, § 3; 1996, ch. 371.]