Md. Code Regs. 01.02.04.01

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.02.04.01 - Definitions

A. Terms defined in Business Regulation Article, §6-101, Annotated Code of Maryland, shall have the same meaning for the purposes of these regulations as they do in the Act.

B. Terms defined in these regulations shall have the same meaning for the purposes of the Act as they do in these regulations.

C. "Act" means Business Regulation Article, Title 6, Annotated Code of Maryland.

D. Bona Fide Religious Organization.

(1) "Bona fide religious organization" means an organization established for religious purposes or an organization which serves religion by the fostering of religion, including the moral and ethical aspects of a particular faith.

(2) "Bona fide religious organization" includes an organization whose members or congregation are the primary source of revenue and whose purpose is an integral part of the membership's or congregation's mission.

E. "Charitable organization affiliated with a State agency" means a charitable organization which engages in activities for the benefit of the State agency or to further the purposes of the State agency, or both, through the use of contributions solicited from the public.

F. "Charitable purpose" means any charitable, benevolent, philanthropic, patriotic, or eleemosynary purpose for religion, health, education, social welfare, arts and humanities, and civic and public interests.

G. "Day" means calendar day.

H. "Exempt filer" means a charitable organization that is required to file an annual fundraising notice and an IRS Form 990 pursuant to § 6-407 of the Act, but is otherwise exempt from the registration and disclosure requirements of the Maryland Solicitations Act pursuant to § 6-102(c) of the Act because the organization did not raise more than $25,000 in its most recently completed fiscal year or solicited for a named individual and the gross amount was delivered to the individual.

I. "Feasibility study" means a study made by or on behalf of a charitable organization, before the undertaking of a fund-raising activity, for the purpose of determining whether the organization should undertake the activity. It does not include purchasing, preparing, testing, or revising mailing lists of potential contributors, or embarking on a new campaign different from previous campaigns.

J. "Membership" means that for the payment of fees, dues, assessments, and similar obligations, an organization provides services and confers a bona fide right, privilege, professional standing, honor, or other direct benefit, in addition to the right to vote, elect officers, or hold office. It does not include those persons who are granted a membership solely on the basis of making a contribution as a result of solicitation. In the case of an accredited school, college, or university, the students, alumni, their parents, past and present board members, and school personnel shall be considered members of the organization.

K. "Organization" means a charitable organization as defined by § 6-101(d)(1) -(3) of the Act.

L. "Religious purpose" means maintaining or propagating religion or supporting public religious services, according to the rites of particular denominations.

M. "Secretary" means the Maryland Secretary of State.

Md. Code Regs. 01.02.04.01

Regulations .01 amended effective September 9, 1985 (12:18 Md. R. 1764)
Regulation .01L adopted effective March 2, 1992 (19:4 Md. R. 471); amended effective 49:16 Md. R.757, eff. 8/8/2022