Md. Code Ann., Corps. & Ass'ns § 12-205
Filing of certificate and other documents
Effective Jun 1, 2010Added by Acts 1999, c. 452, § 1, eff. Jan. 1, 2000. Amended by Acts 2010, c. 611, § 1, eff. June 1, 2010.State of Maryland
(a)
(1) Articles of merger or consolidation, a restated certificate of trust, a certificate of amendment, a certificate of cancellation, or an amendment of a certificate or articles shall be executed:
- (i) In the manner required by § 1-301 of this article; or
(ii) 1. By a person duly authorized by one or more of the trustees; or
- 2. If there is no trustee, as provided in the governing instrument of the statutory trust.
- (2) If articles of merger or consolidation or a certificate of termination or amendment of articles of merger or consolidation is being filed by another business entity or a foreign business entity, the articles of merger or consolidation or the certificate of termination or amendment of articles of merger or consolidation shall be executed by a person authorized to execute the articles or certificate on behalf of the other business entity or foreign business entity.
(b)
- (1) An executed copy of each certificate required by this subtitle shall be filed with the Department.
- (2) The Department may not accept for record any certificate that does not meet the requirements of this subtitle.
- (3) The Department may not accept for record or filing any certificate or other document until all required fees have been paid to the Department.
- (c) When the Department accepts for record any certificate or any document designating or changing the name or address of a resident agent or principal office of a Maryland statutory trust, the Department shall promptly record the document.
(d) The fact that a certificate of trust is on file in the office of the Department is notice :
- (1) That the entity formed in connection with the filing of the certificate of trust is a statutory trust formed under the laws of the State;
- (2) Of all other facts which are required to be set forth in a certificate of trust by § 12-204 of this subtitle; and
- (3) Of the limitation on liability of a series of a statutory trust which is permitted to be set forth in a certificate of trust by § 12-501(d) of this title.
Added by Acts 1999, c. 452, § 1, eff. Jan. 1, 2000. Amended by Acts 2010, c. 611, § 1, eff. June 1, 2010.