1. (a) 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.

2. (b) A fund-raising counsel or professional solicitor shall submit to the Secretary of State a copy of all agreements under subsection (a) of this section on or before the earlier of:

   1. (1) the tenth day after the agreement is made; or
   2. (2) the start of a charitable solicitation.

3. (c) The text that a professional solicitor or associate solicitor uses in a charitable solicitation shall be attached to the agreement and shall include:

   1. (1) the name of the charitable organization for which the charitable solicitation is made;
   2. (2) the specific charitable purpose that is to be advanced with charitable contributions as shown in the registration statement; and

   3. (3) a statement that the person who solicits charitable contributions:

      1. (i) is a paid fund-raiser; and
      2. (ii) on request, will provide a copy of the charitable organization's financial statement.
4. (d) 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.

5. (e) An agreement between a charitable organization and a fund-raising counsel or professional solicitor may not contain a provision that states:

   1. (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. (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.

Added by Acts 1992, c. 4, § 2. Amended by Acts 1993, c. 386, § 3; Acts 1996, c. 371, § 1, eff. Oct. 1, 1996; Acts 2014, c. 45, § 5.

Formerly Art. 41, §§ 3-201, 3-204, 3-206, 3-207.