Section 16-114 - Charitable gift annuities(a) In this section, "community foundation" means a nonprofit organization that is: (1) formed to receive contributions and distribute money to meet cultural, educational, charitable, environmental, civic, or other similar needs of a community; and(2) governed by a board of private citizens who reside in the community.(b) An educational or religious organization, hospital, or community foundation may not make or issue in the State agreements for annuity payments with donors until it has obtained from the Commissioner a special permit issued in accordance with this section.(c)(1) On application, the Commissioner may issue a special permit to make agreements for annuity payments with donors to an educational or religious organization not conducted for profit and engaged in bona fide educational or religious activities, to a hospital in the State, or to a community foundation if the educational or religious organization, hospital, or community foundation: (i) except as provided in paragraph (2) of this subsection, has been in active operation in the State for at least 10 years before issuance of the special permit; and(ii) has been granted exemption from federal income taxation under § 501 of the Internal Revenue Code.(2) The Commissioner may issue a special permit to a community foundation that has been in existence for at least 5 years but less than 10 years if the community foundation maintains assets in an amount up to 100% of the contributions made to the community foundation, as determined by the Commissioner.(d)(1) Each special permit holder shall have and maintain assets at least equal to adequate reserves on its outstanding agreements for annuity payments with donors as indicated by its audited fiscal year-end financial statements.(2) In determining the reserves of a special permit holder on outstanding agreements for annuity payments with donors, a deduction shall be made for all or part of an annuity risk that is reinsured by an authorized life insurer.(3)(i) Subject to paragraph (5) of this subsection, a special permit holder shall submit annually audited fiscal year-end financial statements to the Commissioner within 180 days after the end of the special permit holder's fiscal year.(ii) The financial statements required under subparagraph (i) of this paragraph shall be: 1. presented in conformity with generally accepted accounting principles; and2. audited by a certified public accountant.(4) The audited fiscal year-end financial statements shall be treated as confidential by the Commissioner and are not available for public inspection.(5) On application by the special permit holder, the Commissioner:(i) may waive the requirement of audited fiscal year-end financial statements; and(ii) may require instead additional documents or information that the Commissioner considers necessary.(e) A special permit issued under this section authorizes the special permit holder to receive gifts of money or other property conditional on, or in consideration of, the special permit holder's agreement to pay an annuity to the donor or the donor's nominee and to make and carry out agreements for annuity payments with donors.(f) A special permit is in effect only as long as the special permit holder is exempt from federal income taxation under § 501 of the Internal Revenue Code.(g)(1) If the Commissioner finds, after notice and hearing, that a special permit holder has failed to comply with the requirements of this section or is not exempt from federal income taxation under § 501 of the Internal Revenue Code, the Commissioner may:(i) revoke or suspend the special permit; or(ii) order the special permit holder to stop making new agreements for annuity payments with donors until the requirements have been satisfied.(2) In case of revocation or suspension, outstanding agreements for annuity payments with donors shall remain in force.(3) The action of the Commissioner under this subsection is subject to judicial review under § 2-215 of this article.(h)(1) Except as otherwise provided in this section, a special permit holder is exempt from the provisions of this article with respect to issuing annuities.(2) Special permit holders are not subject to a law enacted after June 1, 1957, unless they are expressly designated in the law.(i)(1) Other than by agreements for annuity payments with donors, an educational or religious organization, hospital, or community foundation may agree to:(i) accept conditional donations; and(ii) pay to the donor or the donor's nominee a specified return established with reference to the actual net earnings of the particular donation or with reference to the actual or estimated earnings of a specified fund of the donee organization.(2) An educational or religious organization, hospital, or community foundation that accepts conditional donations and pays a specified return to donors under paragraph (1) of this subsection is exempt from this section and all other provisions of this article with respect to issuing annuities.(3) Educational or religious organizations, hospitals, or community foundations that accept conditional donations and pay specified returns to donors under this subsection are not subject to any law enacted after June 1, 1957, unless they are expressly designated in the law.(j) Notwithstanding the absence of express power in the charter of a domestic educational, religious, or hospital corporation or community foundation, the corporation or community foundation may make the agreements for annuity payments with donors or other agreements with respect to conditional donations that are expressly allowed by this section.Amended by 2017 Md. Laws, Ch. 504,Sec. 1, eff. 10/1/2017.