State of the Nonprofit Regulatory Environment in MAINE

1 Bifurcation of charitable regulatory body

Bifurcated Regulatory Structure

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 5001-5018

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Yes 9 M.R.S.A. §§5001-5018,

Registration Office

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

BIFURCD-REGIOF-NS

REGULATORY BODY: Not Specific

NOTES: State of Maine Department of Professional and Financial Regulation http://www.maine.gov/pfr/professionallicensing/professions/charitable/

2 Notice, Filing or Review of Transactions

Sale of Assets

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

REPORTS-ASSETS-AG

REGULATORY BODY: Attorney General

NOTES: No

REPORTS-ASSETS-OT

REGULATORY BODY: Other

NOTES: No

Mergers

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 907

REGULATORY BODY: Attorney General

STATUTE TEXT: ss907. Limitations on merger or consolidation by public benefit corporation 1. Compliance with nonprofit conversion law required. In addition to complying with provisions of this Title, a public benefit corporation shall comply with all applicable provisions of Title 5, sections 194-B to 194-K. [PL 2001, c. 550, Pt. C, ss21 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).] 2. Bequests, devises and gifts. Any bequest, devise, gift, grant or promise contained in a will or other instrument of donation, subscription or conveyance that is made to a public benefit corporation and that takes effect or remains payable after a merger or consolidation inures to the surviving corporation unless the will or other instrument otherwise specifically provides. [PL 2001, c. 550, Pt. C, ss21 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).] 3. Notice; merger or consolidation. Written notice of a merger or consolidation of a public benefit corporation into another public benefit corporation must be provided to the Attorney General simultaneously with the filing of the articles of merger or consolidation with the Secretary of State. [PL 2001, c. 550, Pt. C, ss21 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).] SECTION HISTORY PL 2001, c. 550, ssC21 (NEW). PL 2001, c. 550, ssC29 (AFF).

NOTES: Pub. Ben Corp with another 13-B M.R.S.A. § 907

ME Code § 904

REGULATORY BODY: Other

STATUTE TEXT: ss904. Articles of merger or consolidation 1. Form of articles of merger or consolidation. Upon such approval, articles of merger or articles of consolidation shall be executed by each corporation and shall be delivered for filing pursuant to sections 104 and 106. The articles of merger or consolidation shall set forth: A. The plan of merger or the plan of consolidation; [PL 1977, c. 525, ss13 (NEW).]B. If the members of any merging or consolidating corporation are entitled to vote thereon, then as to each such corporation (1) a statement setting forth the date of the meeting of members at which the plan was adopted, that a quorum was present at such meeting and that such plan received at least a majority of the votes which members present at such meeting or represented by proxy were entitled to cast, or (2) a statement that such amendment was adopted by a consent in writing signed by all members entitled to vote with respect thereto; [PL 1977, c. 525, ss13 (NEW).]C. If any merging or consolidating corporation has no members, or no members entitled to vote thereon, then as to each such corporation a statement of such fact, the date of the meeting of the board of directors at which the plan was adopted and a statement of the fact that such plan received the vote of a majority of the directors in office; and [PL 1977, c. 525, ss13 (NEW).]D. When the articles of merger or consolidation are delivered for filing by the Secretary of State, he shall, before filing them, make the same determinations, to the extent applicable, as provided in section 404 in the case of original articles. [PL 1977, c. 525, ss13 (NEW).][PL 1977, c. 525, ss13 (NEW).] SECTION HISTORY PL 1977, c. 525, ss13 (NEW).

NOTES: Filing with Sec. of State 13-B M.R.S.A. § 904

Certificate of Amendments

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 802

REGULATORY BODY: Attorney General

STATUTE TEXT: ss802. Procedure to amend articles of incorporation 1. Amendments. Amendments to the articles of incorporation shall be made in the following manner. A. If there are members entitled to vote thereon, the board of directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of members entitled to vote thereon, which may be either an annual or a special meeting. Written notice setting forth the proposed amendment or a summary of the changes to be effected thereby shall be given to each member entitled to vote at such meeting within the time and in the manner provided in this Act for the giving of notice of meetings of members. The proposed amendment shall be adopted upon receiving at least a majority of the votes which members present at such meeting or represented by proxy are entitled to cast. [PL 1977, c. 525, ss13 (NEW).]B. If there are no members, or no members entitled to vote thereon, an amendment shall be adopted at a meeting of the board of directors upon receiving the vote of a majority of the directors in office. [PL 1977, c. 525, ss13 (NEW).]C. Upon adoption, articles of amendment shall be executed and delivered for filing as provided in sections 104 and 106. [PL 1977, c. 525, ss13 (NEW).][PL 1977, c. 525, ss13 (NEW).] 2. Number of amendments. Any number of amendments may be submitted and voted upon at any one meeting. [PL 1977, c. 525, ss13 (NEW).] 3. Provision prescribing amendment of articles. The articles of incorporation may contain a provision prescribing for amendment of the articles a vote greater than, but in no event less than, that prescribed by subsection 1. [PL 1977, c. 525, ss13 (NEW).] 4. Articles of incorporation amended. The articles of incorporation may be amended by written consent of all members entitled to vote on such amendment, as provided by section 606. If such unanimous written consent is given, no resolution of the board of directors proposing the amendment is necessary. [PL 1977, c. 525, ss13 (NEW).] 5. Amendment of articles of incorporation of public benefit corporation. If an amendment of the articles of incorporation of a public benefit corporation results in a material change in the nature of the activities conducted by the corporation, the corporation shall give notice to the Attorney General of the amendment simultaneously with the filing of the amended articles with the Secretary of State. [PL 2001, c. 550, Pt. C, ss19 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).] SECTION HISTORY PL 1977, c. 525, ss13 (NEW). PL 2001, c. 550, ssC19 (AMD). PL 2001, c. 550, ssC29 (AFF).

NOTES: Pub. Benefit Corp, 13-B M.R.S.A. § 802

ME Code § 803

REGULATORY BODY: Other

STATUTE TEXT: ss803. Articles of amendment 1. Executed by corporation. The articles of amendment shall be executed by the corporation and shall set forth: A. The name of the corporation; [PL 1977, c. 525, ss13 (NEW).]B. The amendment so adopted; [PL 1977, c. 525, ss13 (NEW).]C. The date of adoption of the amendment; [PL 1977, c. 525, ss13 (NEW).]D. If there are members entitled to vote thereon, (1) a statement setting forth the date of the meeting of members at which the amendment was adopted, that a quorum was present at such meeting, and that such amendment received at least a majority of the votes which members present at such meeting or represented by proxy were entitled to cast, or (2) where the articles require a vote of more than a majority of the votes which members present at such meeting or represented by proxy were entitled to cast, a statement that such amendment received at least the percentage of such votes required by the articles, or (3) a statement that such amendment was adopted by a consent in writing signed by all members entitled to vote with respect thereto; and [PL 1977, c. 525, ss13 (NEW).]E. If there are no members, or no members entitled to vote thereon, a statement of such fact, the date of the meeting of the board of directors at which the amendment was adopted, and a statement of fact that such amendment received the vote of a majority of the directors in office. [PL 1977, c. 525, ss13 (NEW).][PL 1977, c. 525, ss13 (NEW).] 2. Determination by Secretary of State. When the articles of amendment are delivered for filing by the Secretary of State, he shall, before filing them, make the same determination provided in section 404 in the case of original articles, to the extent applicable to a given amendment or amendments. [PL 1977, c. 525, ss13 (NEW).] SECTION HISTORY PL 1977, c. 525, ss13 (NEW).

NOTES: Sec. of State - 13-B M.R.S.A. § 803

Does the state require annual financial reporting by charitable organizations in addition to filing a copy of the 990 with the regulator (if filing 990 is required)?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 5005-A

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 990s and audited financial statements or a balance sheet. 9 M.R.S.A. § 5005-A; plus must file annual fund-raising activity reports, Me. Stat. tit. 9, § 5005-B

ME Code § 5005-B

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 990s and audited financial statements or a balance sheet. 9 M.R.S.A. § 5005-A; plus must file annual fund-raising activity reports, Me. Stat. tit. 9, § 5005-B

3 Notice or Action for Dissolutions

Voluntary Dissolutions

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

DISSOLV-VOLUNT-AG

REGULATORY BODY: Attorney General

NOTES: No

ME Code § 1101

REGULATORY BODY: Other

STATUTE TEXT: ss1101. Voluntary dissolution 1. Manner of dissolution. A corporation may dissolve and wind up its activities in the following manner. A. If there are members entitled to vote thereon, the board of directors shall adopt a resolution recommending that the corporation be dissolved, and directing that the question of such dissolution be submitted to a vote at a meeting of members entitled to vote thereon, which may be either an annual or a special meeting. Written notice, stating that the purpose, or one of the purposes, of such meeting is to consider the advisability of dissolving the corporation, shall be given to each member entitled to vote at such meeting, within the time and in the manner provided in this Act for the giving of notice of meetings of members. A resolution to dissolve the corporation shall be adopted upon receiving at least a majority of the votes which members present at such meeting or represented by proxy are entitled to cast. [PL 1977, c. 525, ss13 (NEW).]B. If there are no members, or no members entitled to vote thereon, the dissolution of the corporation shall be authorized at a meeting of the board of directors upon the adoption of a resolution to dissolve by the vote of a majority of the directors in office. [PL 1977, c. 525, ss13 (NEW).]C. If all the members entitled to vote by the articles of incorporation authorize the dissolution of the corporation by written consent, upon the execution of such written consent, a statement of intent to dissolve shall be executed and delivered for filing, as provided by sections 104 and 106 and shall set forth the name of the corporation, the names and respective addresses of its officers and directors, a copy of the written consent signed by all the members of the corporation, and a statement that such written consent has been signed by all members of the corporation entitled to vote. Voluntary dissolution pursuant to this section does not require any vote or action of the directors. [PL 1977, c. 525, ss13 (NEW).][PL 1977, c. 525, ss13 (NEW).] 2. Cessation of activities; notice. Upon the adoption of such resolution by the members, or by the board of directors if there are no members, or no members entitled to vote thereon, the corporation shall cease to conduct its activities except insofar as may be necessary for the winding up thereof, shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the corporation, and shall proceed to collect its assets and apply and distribute them as provided in this Act. [PL 1977, c. 525, ss13 (NEW).] 3. Provision for prescribing dissolution. The articles of incorporation of any corporation may contain a provision prescribing for approval of any resolution to dissolve the corporation a vote greater than, but in no event less than, that prescribed by subsection 1. [PL 1977, c. 525, ss13 (NEW).] 4. Statement of intent. Upon the adoption of such resolution, a statement of intent to dissolve shall be executed and delivered for filing, as provided by sections 104 and 106, and shall set forth: (1) The name of the corporation; (2) The names and respective addresses of its officers and directors; (3) A copy of the resolution adopted by the members or directors authorizing the dissolution of the corporation; (4) The number of members entitled to vote; and (5) The number of members voted for and against the resolution, respectively. [PL 1977, c. 525, ss13 (NEW).] 5. Cessation of activities. Upon the filing by the Secretary of State of a statement of intent to dissolve, the corporation shall cease to carry on its activities, except insofar as may be necessary or appropriate for the winding up thereof, but its corporate existence shall continue until the filing date of the articles of dissolution, or until a decree dissolving the corporation has been entered by a court of competent jurisdiction. [PL 1977, c. 525, ss13 (NEW).] SECTION HISTORY PL 1977, c. 525, ss13 (NEW).

NOTES: Secretary of State 13-B M.R.S.A. § 1101

Judicial Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 1105

REGULATORY BODY: Attorney General

STATUTE TEXT: ss1105. Dissolution pursuant to court order Courts of equity have full power to decree the dissolution of, and to liquidate the assets and affairs of, a corporation: [PL 2001, c. 550, Pt. C, ss24 (AMD); PL 2001, c. 550, Pt. C, ss29 (AFF).]1. Action by member or director. In an action by a member or director when it is made to appear: A. That the directors are deadlocked in the management of the corporate affairs and that irreparable injury to the corporation is being suffered or is threatened by reason of the deadlock, and either that the members are unable to break the deadlock or there are no members having voting rights; [PL 2001, c. 550, Pt. C, ss24 (AMD); PL 2001, c. 550, Pt. C, ss29 (AFF).]B. That the acts of the directors or those in control of the corporation are illegal or fraudulent; [PL 1977, c. 525, ss13 (NEW).]C. That the members entitled to vote in the election of directors are deadlocked in voting power and have failed for at least 2 years to elect successors to directors whose terms have expired or would have expired upon the election of their successors; [PL 1977, c. 525, ss13 (NEW).]D. That the corporate assets are being misapplied or wasted; or [PL 1977, c. 525, ss13 (NEW).]E. That the corporation is unable to carry out its purposes; [PL 1977, c. 525, ss13 (NEW).][PL 2001, c. 550, Pt. C, ss24 (AMD); PL 2001, c. 550, Pt. C, ss29 (AFF).] 2. Action by creditor of corporation. In an action by a creditor of the corporation: A. When the claim of the creditor has been reduced to judgment and an execution thereon has been returned unsatisfied and it is established that the corporation is insolvent; or [PL 1977, c. 525, ss13 (NEW).]B. When the corporation has admitted in writing that the claim of the creditor is due and owing and it is established that the corporation is insolvent; [PL 1977, c. 525, ss13 (NEW).][PL 1977, c. 525, ss13 (NEW).] 2-A. Action by Attorney General regarding public benefit corporation. In an action brought to court by the Attorney General relating to a public benefit corporation, if it is established that: A. The corporation obtained its articles of incorporation through fraud; [PL 2001, c. 550, Pt. C, ss24 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).]B. The corporation has exceeded or abused the authority conferred upon it by law; [PL 2001, c. 550, Pt. C, ss24 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).]C. The assets of the corporation are being misapplied or wasted; or [PL 2001, c. 550, Pt. C, ss24 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).]D. The corporation is no longer able to carry out its purposes; [PL 2001, c. 550, Pt. C, ss24 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).][PL 2001, c. 550, Pt. C, ss24 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).] 3. Complaint. Upon complaint by a corporation to have its dissolution continued under the supervision of the court; and [PL 2001, c. 550, Pt. C, ss24 (AMD); PL 2001, c. 550, Pt. C, ss29 (AFF).] 4. Liquidation of affairs precedes entry of decree. When an action has been filed by the Attorney General to dissolve a corporation and it is established that liquidation of its affairs should precede the entry of a decree of dissolution. [PL 2001, c. 550, Pt. C, ss24 (AMD); PL 2001, c. 550, Pt. C, ss29 (AFF).] 5. Proceedings brought in county where registered. [PL 2001, c. 550, Pt. C, ss24 (RP); PL 2001, c. 550, Pt. C, ss29 (AFF).] A proceeding under this section must be brought in the county in which the registered office or the principal office of the corporation is situated. It is not necessary to make directors or members parties to such an action or proceeding unless relief is sought against them personally. [PL 2001, c. 550, Pt. C, ss24 (NEW); PL 2001, c. 550, Pt. C, ss29 (AFF).]SECTION HISTORY PL 1977, c. 525, ss13 (NEW). PL 2001, c. 550, ssC24 (AMD). PL 2001, c. 550, ssC29 (AFF).

NOTES: Pub. Benefit Corp. - 13-B M.R.S.A. § 1105

ME Code § 1109

REGULATORY BODY: Other

STATUTE TEXT: ss1109. Decree of dissolution 1. Decree. In proceedings to liquidate the assets and activities of a corporation, when the costs and expenses of the proceedings and all debts, obligations and liabilities of the corporation have been paid and discharged and all of its remaining property and assets distributed in accordance with the provisions of this Act, or when its property and assets are not sufficient to satisfy and discharge the costs, expenses, debts and obligations, and all the property and assets have been applied to their payment, the court shall enter a decree dissolving the corporation, after which the existence of the corporation ceases. [PL 2001, c. 550, Pt. C, ss25 (AMD); PL 2001, c. 550, Pt. C, ss29 (AFF).] 2. Certified copy of decree to Secretary of State. When the court enters a decree dissolving a corporation, it is the duty of the clerk of the court to cause a certified copy of the decree to be filed with the Secretary of State. A fee may not be charged by the Secretary of State for the filing of the decree. [PL 2001, c. 550, Pt. C, ss25 (AMD); PL 2001, c. 550, Pt. C, ss29 (AFF).] SECTION HISTORY PL 1977, c. 525, ss13 (NEW). PL 2001, c. 550, ssC25 (AMD). PL 2001, c. 550, ssC29 (AFF).

NOTES: File with Sec. of State 13-B M.R.S.A. § 1109

Administrative Dissolutions

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 1113

REGULATORY BODY: Attorney General

STATUTE TEXT: ss1113. Procedure for and effect of administrative dissolution 1. Notice of determination to administratively dissolve corporation. If the Secretary of State determines that one or more grounds exist under section 1112 for dissolving a corporation, the Secretary of State shall serve the corporation with written notice of that determination as required by subsection 7. [PL 2007, c. 323, Pt. B, ss10 (AMD); PL 2007, c. 323, Pt. G, ss4 (AFF).] 2. Administrative dissolution. The corporation is administratively dissolved if within 60 days after the notice under subsection 1 was issued and is perfected under subsection 7 the Secretary of State determines that the corporation has failed to correct the ground or grounds for the dissolution. The Secretary of State shall send notice to the corporation as required by subsection 7 that recites the ground or grounds for dissolution and the effective date of dissolution. [PL 2007, c. 323, Pt. B, ss11 (AMD); PL 2007, c. 323, Pt. G, ss4 (AFF).] 3. Effect of administrative dissolution; prohibition. A corporation administratively dissolved continues its corporate existence but may not carry on any activities in this State except as necessary to wind up the activities of the corporation. [PL 2003, c. 631, ss3 (NEW).] 4. Authority of registered agent. The administrative dissolution of a corporation does not terminate the authority of its registered agent. [PL 2003, c. 631, ss3 (NEW).] 5. Protecting corporate name after administrative dissolution. The name of a corporation remains in the Secretary of State’s record of corporate names and is protected for a period of 3 years following administrative dissolution. [PL 2003, c. 631, ss3 (NEW).] 6. Notice to Attorney General in case of public benefit corporation. In the case of a public benefit corporation, the Secretary of State shall notify the Attorney General of the administrative dissolution of the corporation under this section. [PL 2003, c. 631, ss3 (NEW).] 7. Delivery of notice. The Secretary of State shall send notice of its determination under subsection 1 by regular mail and the service upon the corporation is perfected 5 days after the Secretary of State deposits its determination in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed to the registered agent of the corporation. [PL 2007, c. 323, Pt. B, ss12 (NEW); PL 2007, c. 323, Pt. G, ss4 (AFF).] SECTION HISTORY PL 2003, c. 631, ss3 (NEW). PL 2007, c. 323, Pt. B, ssss10-12 (AMD). PL 2007, c. 323, Pt. G, ss4 (AFF).

NOTES: Notice in case of Public Benefit Corp. 13-B M.R.S.A. § 1113

ME Code § 1112

REGULATORY BODY: Other

STATUTE TEXT: ss1112. Grounds for administrative dissolution Notwithstanding Title 4, chapter 5 and Title 5, chapter 375, the Secretary of State may commence a proceeding under section 1113 to administratively dissolve a corporation if: [PL 2003, c. 631, ss3 (NEW).]1. Nonpayment of fees or penalties. The corporation does not pay when they are due any fees or penalties imposed by this Title or other law; [PL 2003, c. 631, ss3 (NEW).] 2. Failure to file annual report. The corporation does not deliver its annual report to the Secretary of State as required by section 1301; [PL 2003, c. 631, ss3 (NEW).] 3. Failure to pay late filing penalty. The corporation does not pay the annual report late filing penalty as required by section 1302; [PL 2003, c. 631, ss3 (NEW).] 4. Failure to maintain registered agent. The corporation is without a registered agent in this State as required by Title 5, section 105, subsection 1; [PL 2007, c. 323, Pt. B, ss8 (AMD); PL 2007, c. 323, Pt. G, ss4 (AFF).] 5. Failure to notify of change of registered agent or address. The corporation does not notify the Secretary of State that its registered agent has changed as required by Title 5, section 108, subsection 1 or the address of its registered agent has been changed as required by Title 5, section 109 or 110 or that its registered agent has resigned as required by Title 5, section 111; or [PL 2007, c. 323, Pt. B, ss9 (AMD); PL 2007, c. 323, Pt. G, ss4 (AFF).] 6. Filing of false information. An incorporator, director, officer or agent of the corporation signed a document with the knowledge that the document was false in a material respect and with the intent that the document be delivered to the Secretary of State for filing. [PL 2003, c. 631, ss3 (NEW).] SECTION HISTORY PL 2003, c. 631, ss3 (NEW). PL 2007, c. 323, Pt. B, ssss8, 9 (AMD). PL 2007, c. 323, Pt. G, ss4 (AFF).

NOTES: Sec. of State 13-B M.R.S.A. § 1112

4 Notice, Oversight or Filing of Hospital Conversions

Has Statute

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 194-A

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Me. Rev. Stat. tit. 5, § 194-A

Requires Notice or Oversight

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 194-C

REGULATORY BODY: Attorney General

STATUTE TEXT:

NOTES: Me. Rev. Stat. tit. 5, § 194-C

HOSPCON-OVERSI-OT

REGULATORY BODY: Other

NOTES: No

Requires Filing

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

HOSPCON-FILING-OT

REGULATORY BODY: Other

NOTES: No

5 Audits

Requires Audit

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

AUDITFI-AUDITS-NS

REGULATORY BODY: Not Specific

NOTES: No* But the Attorney General may require a copy of any audited financial statement upon request (or a balance sheet if no audited statement).

Audit Threshold

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

AUDITFI-THRESH-NS

REGULATORY BODY: Not Specific

6 Registration Law

Registration Law

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

ME Code § 5004

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 9 M.R.S.A. § 5004

7 Exemptions from Registering for Specific Organization Types

Religious Organizations

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

ME Code § 5003(1)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 9 M.R.S.A. § 5003(1)

Small organizations

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

ME Code § 5006(1)(D)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 9 M.R.S.A. § 5006(1)(D) ($35k OR 35 contributors)

Educational Institutions

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

ME Code § 5006(1)(E)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 9 M.R.S.A. § 5006(1)(E)

Governmental Organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-GOVMNT-NS

REGULATORY BODY: Not Specific

NOTES: NO

Hospitals

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

ME Code § 5006(1)(F)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Hospitals that are nonprofit and charitable: 9 M.R.S.A. § 5006(1)(F)

Veterans organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-VETERA-NS

REGULATORY BODY: Not Specific

NOTES: NO

Foundations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-FNDYES-NS

REGULATORY BODY: Not Specific

NOTES: NO

Foundations that don’t solicit contributions

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-FNDNOS-NS

REGULATORY BODY: Not Specific

NOTES: NO

Charitable Trusts

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-CTRUST-NS

REGULATORY BODY: Not Specific

NOTES: NO

Parent-Teacher Organizations

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-PTOEDU-NS

REGULATORY BODY: Not Specific

NOTES: NO

Reports to congress

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-CONGRE-NS

REGULATORY BODY: Not Specific

NOTES: NO

Non-soliciting

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

ME Code § 5004(1)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 9 M.R.S.A. § 5004(1)

Fraternal/ Membership

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

ME Code § 5006(1)(A)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 9 M.R.S.A. § 5006(1)(A)

Political Orgs

Regulatory Action: EXEMPTION

A regulation is NOT defined in the state

ORGTYPE-POLITI-NS

REGULATORY BODY: Not Specific

NOTES: NO

Other

Regulatory Action: EXEMPTION

YES: A regulation is defined in the state

ME Code § 5006(1)(C)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: specific beneficiaries 9 M.R.S.A. § 5006(1)(C), free clinics 9 M.R.S.A. § 5006(1)(G)

ME Code § 5006(1)(G)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: specific beneficiaries 9 M.R.S.A. § 5006(1)(C), free clinics 9 M.R.S.A. § 5006(1)(G)

8 Defined remedies

Dissolution

Regulatory Action: REMEDY

YES: A regulation is defined in the state

ME Code § 1105

REGULATORY BODY: Not Specific

NOTES: 13-B M.R.S.A. § 1105

Removal of Board Members

Regulatory Action: REMEDY

YES: A regulation is defined in the state

ME Code § 704-A

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: 13-B M.R.S.A. § 704-A

9 Oversight of professional fundraisers

Does the state require registration by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 5008-A

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Me. Stat. tit. 9, § 5008-A

Does the state require registration by fundraising counsel?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-COUNSL-NS

REGULATORY BODY: Not Specific

Does the state oversee commercial-coventuring (e.g. by requiring that the co-venture be registered or by requiring that the charitable organization files the co-venture contract)?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-VENTUR-NS

REGULATORY BODY: Not Specific

Does the state require the fundraisers to provide notice to the regulator before any solicitation campaign (in addition to annual registration and/or filing the contract)?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

FNDRAZE-NOTICE-NS

REGULATORY BODY: Not Specific

Does the state require specified disclosures to donors?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 5011-A

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Me. Stat. tit. 9, § 5011-A

Does the state require a copy of any contract between a charitable organization and a commercial fundraiser or fundraising counsel be filed with the regulator?

Regulatory Action: REQUIREMENT

A regulation is NOT defined in the state

ME Code § 5009

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: No, but must be kept for three years and must be provided to AG upon request:Me. Stat. tit. 9, § 5009

Does the state require annual financial reporting by commercial fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 5008-B

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: Must file annual fund-raising activity reports,Me. Stat. tit. 9, § 5008-B

Does the state require bonding of professional fundraisers?

Regulatory Action: REQUIREMENT

YES: A regulation is defined in the state

ME Code § 5008-A(5)

REGULATORY BODY: Not Specific

STATUTE TEXT:

NOTES: “…a professional solicitor shall submit with the application a bond approved by the director in which the professional solicitor is the principal obligor and the State the obligee, in the sum of $25,000, with one or more responsible sureties whose liability in the aggregate at least equals that sum…. The bond remains in place for 5 years after the licensee ceases activity in the State.” Me. Stat. tit. 9, § 5008-A(5).