Plain Text Law

Chapter 10. Administration of Trade Names

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Regulation .01 Disposition.Copy Citation

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After the trade name certificate has been imaged or scanned, the Department may dispose of the original certificate.

Regulation .02 Indexing.Copy Citation

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Each certificate shall be indexed by trade name and principal or owner.

Regulation .03 Amendments.Copy Citation

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A.
The party listed as principal or owner in the certificate already filed may file a certificate amending any item on the certificate, except the trade name.
B.
The amending certificate shall:
(1)
Set forth the trade name;
(2)
Set forth the item being amended;
(3)
Be signed by the principal or owner named in the certificate, and if a new owner or principal is being named, by the new owner or principal, under penalties of perjury; and
(4)
Be accompanied by a fee set by Corporations and Associations Article, §1-406, Annotated Code of Maryland.

Regulation .04 Cancellation.Copy Citation

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A.
The party listed as owner or principal in the certificate may file a certificate cancelling the trade name at any time.
B.
The certificate of cancellation shall:
(1)
State the trade name;
(2)
State that the certificate is cancelled;
(3)
Be signed by the principal or owner named in the certificate; and
(4)
Be accompanied by a fee set by Corporations and Associations Article, §1-406, Annotated Code of Maryland.

Regulation .05 Renewal.Copy Citation

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A.
In this regulation, “filed” means delivered to and date-stamped by the Department.
B.
A certificate is effective for a period of 5 years from the date it is filed.
C.
Every 5 years following the year in which a certificate is filed or renewed, a person who has filed or renewed a certificate and who wishes to renew the certificate shall cause to be filed a completed renewal application within 6 months before the end of the 5-year period.
D.
A renewal application that is completed and filed extends the certificate for 5 years from the end of the previous 5-year period.
E.
The Department shall determine the form of a renewal application.
F.
Except for certificates canceled on the Department's records, the Department may mail a notice of impending expiration of the trade name, during the 6-month period mentioned in §C of this regulation, to the person listed as principal or owner in the certificate, amended certificate, or most recent renewal application.
G.
A completed renewal application shall:
(1)
State the trade name being renewed and the current address of the business conducted under the trade name;
(2)
State that the trade name certificate is being renewed;
(3)
State the SDAT identification number of the associated business;
(4)
Be signed by a person listed as principal or owner in the certificate, amended certificate, or most recent renewal application; and
(5)
Be accompanied by a fee set by Corporations and Associations Article, §1-406, Annotated Code of Maryland.
H.
The Department's failure to mail a renewal application form pursuant to §F of this regulation does not suspend the obligation to file a completed renewal application.

Regulation .06 Signatures Required on Certificates.Copy Citation

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A.
When a certificate lists more than one principal or owner, the signature of any one owner or principal named in the certificate is sufficient execution for the certificates described in Regulations .03—.05 of this chapter.
B.
When joint forms of ownership are listed, such as tenants by the entireties, joint tenants with right of survivorship, etc., the signature of any one of the principals or owners is sufficient execution for the certificates described in Regulations .03—.05 of this chapter.

Regulation .07 Number of Trade Names Per Application.Copy Citation

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Only one trade name may be filed per application.

Regulation .08 Expiration.Copy Citation

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A.
Unless renewed under Regulation .05 of this chapter, a certificate expires 5 years from the date it is filed.
B.
The Department shall note a certificate's expiration on its records as soon as practical.
C.
The Department's failure to note a certificate's expiration does not extend a certificate past its expiration date.
D.
After a certificate expires, the:
(1)
Filing of a completed renewal application does not extend the certificate; and
(2)
Trade name which is the subject of the certificate is available to a person entitled to file a certificate under Corporations and Associations Article, §1-406, Annotated Code of Maryland.
Chapter annotations
Authority: Corporations and Associations Article, §1-406; Tax-Property Article, §2-201; Annotated Code of Maryland
History: Effective date: February 3, 1992 (19:2 Md. R. 156)
History: Adopted as COMAR 18.04.09; recodified to 18.04.10
History: Regulation .01 amended effective November 19, 2018 (45:23 Md. R. 1071)
History: Regulation .03B amended effective November 19, 2018 (45:23 Md. R. 1071)
History: Regulation .04B amended effective November 19, 2018 (45:23 Md. R. 1071)
History: Regulation .05 amended effective May 6, 1996 (23:9 Md. R. 671); December 12, 2022 (49:25 Md. R. 1051)
History: Regulation .05F amended effective November 19, 2018 (45:23 Md. R. 1071)
History: Regulation .08 adopted effective May 6, 1996 (23:9 Md. R. 671)