§ 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.

HISTORY: An. Code 1957, art. 41, § 3-201, 3-204, 3-206, 3-207; 1992, ch. 4, § 2; 1993, ch. 386, § 3; 1996, ch. 371.