§ 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.

HISTORY: 1992, ch. 125, § 2; 1993, ch. 386, § 3; 2006, ch. 459.