Frequently Asked Questions

Office of the Secretary of State – Charitable Organization Oversight

1. What is the role of the OSOS in charitable enforcement?

The Maryland Office of the Secretary of State (hereafter referred to as “the OSOS") plays a critical role in maintaining the integrity of the charitable sector in the State of Maryland by administering the Maryland Solicitations Act (hereafter referred to as “the Act").

By administering registration, regulation, and enforcement duties under the Act, OSOS:

Works to protect the public from deceptive practices, scam charities, and forms of fund-raising fraud;
Helps to ensure that entities subject to the Act are transparent and accountable to the public; and
Ensures public access to information which may help individuals make informed decisions about charitable giving.

2. Which entities must register with the OSOS?

Any entity which solicits charitable contributions in or from the State of Maryland may be subject to the Act and could be required to register with the OSOS.

Registration with the OSOS must occur prior to charitable solicitation activity.

After the initial registration, the registered entity is subject to additional compliance requirements under the Act to maintain their registration on an annual basis. Namely, if the entity's charitable contributions (which do not include government grants) meet or exceed a $25,000 threshold, the entity must submit the Annual Update of Registration per the deadline set forth by the Act. If the entity raises charitable contributions below the $25,000 threshold, the entity must file a Fund-Raising Notice Form annually with the OSOS in lieu of the Annual Update of Registration.

To solicit “in or from" the State of Maryland means that the entity either directs its charitable solicitations at Maryland residents, corporations, or other non-governmental entities located in the State of Maryland, or originates from a charitable organization physically located within the State of Maryland.

Entities subject to registration with the OSOS include charitable organizations, professional solicitors, fund-raising counsels, and public safety solicitors.

3. What is “charitable solicitation" exactly?

Per the Act, “charitable solicitation" means an oral or written request for a charitable contribution, regardless of whether the person who makes the request receives the charitable contribution. Common forms of charitable soliciting include, but are not limited to, social media posts, advertisements, and in-person fund-raising drives.

A “charitable solicitation" does not include applications for government grants, including grants offered by local, state, or federal government.

4. What is a “charitable contribution" exactly?

A “charitable contribution" means a contribution made on a representation that it will be used for a charitable purpose. “Charitable contribution" includes the payment, transfer, or enforceable pledge of financial help, including money, credit, property, or services.

Under the Act, “charitable contribution" does not include:

(i) an unsolicited gift;

(ii) a government grant or government money;

(iii) membership assessments, dues, or fines;

(iv) a payment for property sold or services rendered by a charitable organization, unless the property is sold or the services are rendered in connection with a charitable solicitation;

(v) a public safety contribution as defined in subsection (j) of the Act; and

(vi) an authorization for or a discount on the use of services or materials, equipment, or facilities, including those relating to:

1. advertising; and

2. broadcast airtime, including public service announcements.

5. If an entity only receives local, state or federal grant funding, are they still required to register with the OSOS?

If 100% of an entity's funding is from government grants, and the entity does not solicit individuals or corporations or other entities for charitable contributions in or from the State of Maryland, then the organization is not required to register with the OSOS.

If an entity receives funding from government grants, and the entity solicits charitable contributions in or from the State of Maryland (e.g., a "Donate" button on their website or fund-raising events), then the entity is required to register with the OSOS prior to engaging in charitable solicitation activities.

6. Does the OSOS oversee how government agencies award or manage grants?

No. The OSOS does not have legal authority to regulate the allocation, management, or auditing of government grants. The OSOS, per the Act, regulates the “solicitation" of “charitable contributions."

The OSOS is aware that some grant-making entities may require registration with the OSOS as a term or condition of a grant agreement. While required by the grant-making entity, this is separate from the legal requirements under the Act.

7. What information is available for members of the public to check if a charitable organization is in compliance the Act?

The OSOS maintains a Public Charities Registry. The Public Charities Registry displays an entity's registration status with the OSOS as well as financial information last reported to the OSOS, including the entity's revenue, administrative expenses, and fund-raising expenses. The registry can be found here.

Additionally, members of the public may make a written request for access to documents submitted by entities to the OSOS under the Act, such as registration materials or annual reports. A request can be made via email to [email protected].

An entity registered with OSOS may download its Public Charities Registry Certificate of Registration here. The entity must log into its account to generate the certificate.

8. What are the definitions of the registration status terms used on the OSOS Public Charities Registry?

Current: The registered entity is in compliance with the Act's annual filing requirements.
Not Current: The registered entity is not in compliance with the Act's annual filing requirements and is not subject to a late fee.
Delinquent: The registered entity is not in compliance with the Act's annual filing requirements and is subject to a late fee.
Exempt: The registered entity does not have to file an Annual Update of Registration or an annual Fund-Raising Notice Form otherwise required by the Act.
Pending: The registered entity has submitted its initial registration or Annual Update of Registration or Annual Fund-Raising Notice, but it has not yet been approved by OSOS (this could be because it has not yet been reviewed by OSOS, or because it has been reviewed by OSOS and it was determined to be an incomplete registration submission).
Closed: The registered entity notified OSOS that it no longer solicits charitable contributions in the State of Maryland, has satisfied its final filing requirements, and is no longer required to be registered with the OSOS.
Cancelled (will be active in 2026 per recent General Assembly legislation): The registered entity did not notify OSOS that it no longer solicits charitable contributions in the State of Maryland, has not satisfied its filing requirements for three consecutive years, and may not lawfully engage in charitable solicitation activities in the State of Maryland. The entity may request reinstatement of registration in the future provided the entity meets certain filing requirements under the Act.
Cease & Desist Order: The entity, whether registered with OSOS or not, is under a Cease & Desist Order from the OSOS. While an entity is under a Cease & Desist Order, it is banned from soliciting charitable contributions in or from Maryland.

9. Does the OSOS provide a Certificate of Good Standing?

No. Entities doing business in the State of Maryland that need to file Articles of Incorporation, LLC paperwork, or fulfill other business registration or reporting requirements must file with the Maryland Department of Assessments and Taxation (also known as the State Department of Assessments and Taxation or SDAT). SDAT is a different and separate state agency from the OSOS. The terms “Good Standing," “Not in Good Standing," and “Forfeited" are statuses related to an entity's filing requirements with SDAT.

An entity's status with SDAT is unrelated to an entity's charitable organization registration status with the OSOS.

10. Does the OSOS have the power to investigate entities soliciting in or from Maryland?

Yes. The OSOS has broad investigatory authority under the Act, including: investigating alleged violations of the Act; subpoenaing witnesses and compelling the production of books, papers, and records; and administering oaths during an investigation.

11. What constitutes a "violation" under the Act?

Violations of the Act include, but are not limited to:

Soliciting without being registered.
Failing to file an annual registration or annual fund-raising notice.
Failing to remit assessed late fees.
Making material misrepresentations in registration or solicitation materials.
Applying a charitable contribution in a way that is substantially inconsistent with the charitable solicitation.
Using a name that is deceptively similar to that of another established charitable organization so that the use of the name might confuse or mislead the public.
Using another charity's name or mark without authorization to solicit donations.
Falsely claiming a charitable contribution is tax-deductible.
Using registration with OSOS as an endorsement of the charitable organization.
Failing to maintain financial records accounting for the charity's activities in Maryland for the required period of time, or failing to make these records available to the OSOS to inspect.

12. What are some of the enforcement actions the OSOS may take?

If the OSOS finds a violation of the Act, there are several enforcement tools available it may use:

Late Fees for Late or Incomplete Annual Registration: A late fee (currently $25) is assessed when a registered entity's status is “delinquent". This occurs when the registered entity is required to submit an Annual Update of Registration, and the complete submission is 60 days late. The late fee increases by $25 on the 1st day of each month thereafter.

Registered entities which receive less than $25,000 per year in charitable contributions file an Annual Fund-Raising Notice rather than an Annual Update of Registration, and are not subject to a late fee.

Written notice of upcoming and past due compliance requirements of the Maryland Solicitations Act: The OSOS provides notices to a registered entity of their annual registration requirements before and after it becomes due. While these notices may be sent to “Current" registered entities, they are still considered an enforcement action by the OSOS for internal reporting purposes.

Notices are intended to remind a registered entity to file on time, be compliant with the Act, and to avoid late fees. After a registered entity is late, the notices educate the entity on what is needed to return to compliance.

Cancellation of Registration (will be active in 2026 per recent General Assembly legislation): The OSOS may cancel the registration of a registered entity, after sending notice of cancellation to the last known address and e-mail address, if the organization failed to file the required Statement of Intent and Final Annual Report within three years after they were due, or if the organization has failed to file reporting documents for three consecutive years.
Cease and Desist Orders: The OSOS may order an entity, whether registered with OSOS or not, to stop solicitation activities immediately upon finding violations of the Act and that there exists a threat to the health, safety, or welfare of the public.
Assurances of Voluntary Compliance and other Settlement Agreements. The OSOS may enter into a written assurance of discontinuance, written assurance of voluntary compliance, or other settlement agreement with apparent violators of the Act to correct or remedy violations of the Act. Terms or conditions may include, but are not limited to, payments to pay investigative costs, civil penalties a court could order for violations of the Act, refunds to donors, or contributions to beneficiaries named or purposes represented in the charitable or public safety solicitations which generated the contributions at issue.

13. Can the OSOS take a case to court?

While the OSOS primarily handles administrative enforcement, the OSOS works alongside the Office of the Attorney General on investigations of potential violations of the Act. The OSOS may also refer matters to the Attorney General to bring a civil action in court. A civil action may be used to stop prohibited acts, seek civil penalties, or other remedies available under the Act to enforce compliance. The OSOS may also refer matters to the appropriate State's Attorney for criminal prosecution.