Professional Solicitor or Fund-raising Counsel

Under the Maryland Solicitations Act, entities that assist a charitable organization in fundraising efforts for compensation are also generally required to register annually with the Charitable Organizations Division. Maryland law defines and provides different registration requirements depending upon the nature of the services provided by the entity.


How to Register as a Professional Solicitor or a Fund-Raising Counsel


Professional Solicitors & Fund-Raising Counsel:

This application to register must be submitted annually by professional solicitors and fundraising counsel who wish to solicit in Maryland.  The annual filing fee for a Professional Solicitor is $350.  The annual filing fee for a Fundraising Counsel is $250.  Copies of all new contracts with charitable organizations shall be submitted by the Professional Solicitor or Fundraising Counsel.  If the applicant has already submitted a copy of the contract, the
applicant does not need to submit it again. Any amendments to contracts that have been made must be submitted as part of this filing unless the applicant already submitted the amendment to the contract. Professional solicitors must also include a Surety Bond or irrevocable letter of credit in the amount of $25,000. 
 
If a currently registered professional solicitor is applying for a new registration, it must submit any outstanding final accounting reports as required by the Maryland Solicitations Act, Business Regulation Article 6-506 or an interim accounting report for each individual charity with which the professional solicitor has an on-going contract as required by the Maryland Solicitations Act, Business Regulation Article 6-306.  Final accounting reports from the prior year do not have to be submitted with this application if they were already submitted to the
Secretary of State.  Interim accounting reports should be submitted on the same Accounting Report for Professional Solicitor form as a final accounting report is submitted on (you will check the box on that form to indicate that it is an interim report).
 
A professional solicitor should also be sure to include any new Fund-Raising Notice forms that must be submitted. If the Fund-Raising Notice form was submitted since the last application was filed with this office, the applicant does not have to submit it again.
 
Public Safety Solicitors: 
This application must be submitted by a Public Safety Solicitor for each Public Safety Organization with which the Public Safety Solicitor contracts (separate application for each organization).  The application fee for a Public Safety Solicitor is $100 per application.  A copy of the contract between the applicant and the public safety organization shall be submitted along with a copy of the application. Also, this application should be accompanied by a Surety
Bond in the amount of $25,000.  If the organization has a current Surety Bond on file with the Secretary of State it does not have to provide a separate Surety Bond for each application.  The same Surety Bond can be used for each application as long as it is current. 
 
***If the organization acts as more than one of these, it should file a separate application for each (for example, if the organization has contracts in which it acts as a professional solicitor and other contracts in which it acts as a public safety solicitor, it must submit separate applications to register; one to register as a professional solicitor, and one (or more) to register as a public safety solicitor)***


​Complete Application ​Application Determination
​Paper Form
​30-60 minutes
​10-30 days
​Online Version of This Form
​30-60 minutes
​5-15 days

Instructions for completing form:
Check the type of applicant you are.  See definitions for Professional Solicitor, Fundraising Counsel, and Public Safety Solicitor in the Maryland Solicitations Act, Business Regulation Article 6-101 to assist in making determination. Link to the Maryland Solicitations Act:
http://sos.maryland.gov/Documents/MarylandSolicitationAct.pdf .
 
  1. ​Enter the name of your company.  If you do business under any other names, please list those as well.
  2. Check “yes” or “no,” whichever is appropriate. If “yes” is checked, please list the name(s) that the organization used to be known as. 
  3. Enter the state in which the company was organized to do business. 
  4. Check the correct term that applies to the applicant.
  5. Provide the mailing address of the applicant.  If this is different from the physical location of the applicant, please provide the physical location of the applicant as well.  If there is an address in Maryland where financial records are maintained, please provide that address.
  6. Provide the telephone number, fax number, email address and EIN (Federal Tax ID number) of the applicant.  For email address, please make sure it is an email address for the person who handles state registrations for the applicant.  If the applicant does not have an EIN, provide the Social Security Number of the applicant.
  7. Provide the name, title, and home address of all officers, directors, and trustees of the applicant.
  8. List any person(s) that has more than 5% financial interest or ownership in the applicant.  Provide their name, title, and home address.
  9. If answering “yes”, please explain the relationship in greater detail.  Clearly explain the relationship between the applicant and the related company.
  10. If answering “yes”, please explain the relationship in greater detail.  Clearly explain the position held with the applicant and held with the charitable organization or public safety organization along with the duties fulfilled by the person(s) listed for both the applicant and charitable organization or public safety organization.
  11. If answering “yes”, please provide the name and address of the government agency that took the action as well as the name of the action and date on which it was taken. 
  12. If answering “yes”, provide the state(s) and explain the reasoning the applicant was prohibited from soliciting contributions in that state.
  13. If answering “yes”, please list the states and dates of licensing.  If too many to list in space provided, please attach a separate list.
  14. Provide a list of all charitable organizations and/or public safety organizations with which the applicant has a contract to solicit on behalf of in Maryland.  Attach a copy of the contract for all organizations with which the applicant has a contract.
  15. If the applicant subcontracts any of its duties as outlined in the contract between itself and the charitable organization or public safety organization please list the companies/individuals with which it subcontracts.  Provide a copy of the contract between the applicant and that subcontractor to carry out any of those duties that are subcontracted.
  16. If yes, list the cashiering or caging entity.  Also, list the charitable organizations or public safety organizations whose contributions will be received by the cashiering or caging entity.
  17. Explain the solicitation program the applicant plans to use. The answer should explain how the professional solicitor, fund-raising counsel, or public safety solicitor intends to reach prospective donors.
  18. Check “yes” or “no.” If you do not want to designate the Secretary of State to be the agent of the applicant, check “no.”
  19. Check one of the three boxes. If all taxes owed to the State of Maryland, a county in Maryland, or Baltimore City for the prior year have been paid you will want to check the first statement. If you did not owe any taxes to the State of Maryland, a county in Maryland, or Baltimore City, you will also want to check the first statement. You will only check the second statement if not all taxes due from the prior year have been paid to the State of Maryland, a county in Maryland, or Baltimore City or there is a dispute over taxes owed to State of Maryland, a county in Maryland, or Baltimore City from the prior year. If you have not paid all of your taxes due to the State of Maryland, or county in Maryland, or Baltimore City but they are not under dispute you will check the third statement.
 
Affidavit section: Print the name of the person signing the document and provide their title.  Be sure this is legible. Then, sign on the line provided.
Fund-Raising Counsel

A Fund-Raising Counsel definition under Business Regulation Article, §6-101(h) is a person who is compensated for advising a charity about a solicitation in Maryland or holding, planning, or managing a solicitation in Maryland. The Fund-Raising Counsel is prohibited from directly soliciting or receiving charitable contributions.

  1. Application to Register as a Fund-Raising Counsel
  2. Fund-Raising Counsel are required to register prior to providing services to a charitable organization. Registration includes the submission of an application to register as a Fund-Raising Counsel, a registration fee of $250.00 payable to the Secretary of State, and copies of all current fund-raising agreements. If a Fund-Raising Counsel does not have any current fund-raising contracts, a sample contract should be submitted with the application to register.

    In order for the application to register and registration fee to cover all officers and employees, the Fund-Raising Counsel must submit the names of each current officer and employee working in fund-raising. The names of new officers and employees must be submitted within ten days after the individual begins employment.

  3. Submission of Fund-Raising Agreements
  4. A Fund-Raising Counsel is required to submit a copy of each fund-raising agreement by the tenth day after the agreement is made or the start of the charitable solicitation, whichever is earlier. Business Regulation Article, §6-615 requires that all agreements between Fund-Raising Counsel and charitable organizations include the names and addresses of the parties, the services to be provided, the number of persons to be involved in providing the services, the time when the services are to be provided, and the method and formula for compensation. Additionally, a Fund-Raising Counsel is prohibited from receiving compensation based upon a percentage of the contributions received as a result of the services provided.

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Professional Solicitor

A Professional Solicitor is a person who is compensated for advising a charity about a charitable solicitation, holding, planning, or managing a solicitation in Maryland, or soliciting or receiving contributions for a charitable organization. The solicitation or receipt of contributions is the distinction between a fund-raising counsel and Professional Solicitor.

  1. Application to Register
  2. Professional Solicitors are required to register prior to soliciting in Maryland or receiving contributions from Maryland. Registration includes the submission of an application to register as a Professional Solicitor, a surety bond, a registration fee of $350.00 payable to the Secretary of State, and if applicable, accounting reports. Also, a Professional Solicitor submitting its initial application is required to submit a sample fund-raising agreement if the solicitor does not currently have any agreements.

    Business Regulation Article, §6-303 requires that each Professional Solicitor submit to the Charitable Organizations Division a surety bond . The bond must be for $25,000 and run to the State of Maryland. In lieu of the surety bond, the Act authorizes the submission of a $25,000 irrevocable letter of credit. The solicitor must have either a surety bond or irrevocable letter of credit in force as long as the registration is in effect.

    In order for the application to register, registration fee, and surety bond to cover all officers, employees, and associate solicitors, the Professional Solicitor must submit the names of each current officer, associate solicitor, and employee working in fund-raising. The names of new officers, associate solicitors, and employees must be submitted within ten days after the individual begins employment.

  3. Accounting Reports
  4. Professional Solicitors are also generally required to submit final and interim accounting reports. These reports account for funds received and disbursed during certain time periods of the fund-raising campaign. Although the same accounting report form is used for both interim and final reports, the solicitor should check the appropriate box on the form to indicate whether the accounting report is a final or interim report.

    A final accounting report is required within three months after the end of the fund-raising campaign and must account for all funds received and disbursed during the entire fund-raising campaign. Both the Professional Solicitor and authorized representative of the charity must sign and certify the accounting report.

    Interim accounting reports must be submitted with an application to register as a Professional Solicitor for each on-going fund-raising campaign. The interim report accounts for all funds received and disbursed from the beginning of the campaign through a date within three months before the solicitor's current registration expires. Like the final report, the interim accounting report must be signed and certified by the solicitor and authorized representative of the charity.

  5. Submission of Fund-raising Notices and Fund-raising Agreements
  6. Prior to starting a solicitation, a Professional Solicitor is required under Business Regulation Article, §6-502 to submit a fund-raising notice for each fund- raising campaign. The notice requests information concerning the type of fund-raising method to be used and the dates of the solicitation.

    In addition to completing the fund-raising notice, a solicitor is required to submit with the notice a copy of the fund-raising agreement. Business Regulation Article, §6-616 requires that agreements between Professional Solicitors and charities include the names and addresses of the parties, the minimum percentage of the gross receipts from the solicitations that will be used by the charity exclusively to advance its charitable purpose, and the text used in each solicitation.

    In addition to submitting a copy of any fund-raising agreements between a solicitor and a charity, the solicitor is also required to submit copies of any subcontracts or other contracts in furtherance of the agreement between the charity and solicitor. This includes the submission of caging agreements, generally defined as an agreement between a solicitor or charity and a person engaged to receive or hold contributions resulting from an agreement between a charity and solicitor.

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Public Safety Solicitor

Effective October 1, 2000, individuals raising money on behalf of public safety organizations are required to register and disclose certain information. Business Regulation Article, §6-101(1) defines a Public Safety Solicitor as a person who, for pay, solicits or receives public safety contributions, personally or through another.

  1. Application to Register
  2. A person is prohibited from acting as a Public Safety Solicitor unless the person has applied to register with the Secretary of State. Registration includes the submission of an application to register as a Public Safety Solicitor, a surety bond, a copy of the fund-raising agreement, and an application fee of $100 that must accompany every application. A seperate application must be filed for each Public Safety organization with which the Public Safety Solicitor contracts.

    Business Regulation Article, §6-5A-03 requires that each Public Safety Solicitor submit to the Charitable Organizations Division a surety bond. The bond must be for $25,000 and run to the State of Maryland. In lieu of the surety bond, the Act authorizes the submission of a $25,000 irrevocable letter of credit. A Public Safety Solicitor with a current registration shall not be required to execute and submit an additional bond or irrevocable letter of credit for each public safety organization on whose behalf they solicit, provided that a separate application is submitted for each organization.​

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