§ 12-205

Maryland § 12-205

• Jurisdiction: Maryland
• Article gca: Corporations and Associations
• Title: 12

Text

(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.