Plain Text Law

Chapter 07. Acceptance of Documents

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Regulation .01 Definitions.Copy Citation

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A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Acceptance date” means the date a document is accepted for record by the Department.
(2)
“Document” includes any document that is filed for recordation with the Department by a foreign or domestic corporation, limited partnership, limited liability partnership, limited liability company, or other organization.
(3)
“Electronic signature” has the meaning stated in Commercial Law Article, §21-101, Annotated Code of Maryland.
(4)
“Information processing system” has the meaning stated in Commercial Law Article, §21-101, Annotated Code of Maryland.

Regulation .02 Procedure.Copy Citation

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A.
Original Filings. The acceptance date of a document is the date that the document is received by the Department provided the:
(1)
Document conforms with law;
(2)
Name of the corporation, limited partnership, limited liability partnership, limited liability limited partnership, real estate investment trust, statutory trust, or limited liability company, or trade name is available; and
(3)
Appropriate fees and taxes are remitted with the document.
B.
Resubmitted Filings. A resubmitted document may retain the date that the document is first received by the Department as the acceptance date if, at the program manager’s discretion, the filer demonstrates good cause for that acceptance date.
C.
If the Department incorrectly rejects a document, then the acceptance date shall be the original date that the document is received by the Department.

Regulation .03 Conditions for Nonrefundable Processing Fees.Copy Citation

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If documents are not accepted by the Department, the processing fees referenced in Corporations and Associations Article, §1-203, Annotated Code of Maryland, are applied to the resubmission of those documents if resubmitted and accepted within 60 days of the date of non-acceptance.

Regulation .04 Electronic Signatures.Copy Citation

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A.
The general provisions of the Corporations and Associations Article, Annotated Code of Maryland, require certain signatures to be affixed to certain records filed with the Department.
B.
Commercial Law Article, §21-117, Annotated Code of Maryland, permits the Department to determine whether, and the extent to which, it will accept electronic signatures and rely upon electronic signatures.
C.
When a record is filed with the Department using an information processing system, the Department shall accept and rely on any associated electronic signature.
Chapter annotations
Authority: Commercial Law Article, §21-117; Corporations and Associations Article, §§1-102, 1-203, and 1-406;
Tax-Property Article, §2-201; Annotated Code of Maryland
History: Effective date: December 28, 1987 (14:26 Md. R. 2749)
History: Regulation .01B amended effective August 28, 1995 (22:17 Md. R. 1321); December 11, 2003 (30:24 Md. R. 1745); June 10, 2013 (40:11 Md. R. 977)
History: Regulation .02 amended effective December 11, 2003 (30:24 Md. R. 1745; December 12, 2022 (49:25 Md. R. 1051))
History: Regulation .02A amended effective August 28, 1995 (22:17 Md. R. 1321); November 19, 2018 (45:23 Md. R. 1071)
History: Regulation .03 adopted effective October 11, 2004 (31:20 Md. R. 1486)
History: Regulation .03 amended effective November 19, 2018 (45:23 Md. R. 1071)
History: Regulation .04 adopted effective June 10, 2013 (40:11 Md. R. 977)