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§ 4-203. Process against corporations or limited liability companies

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 4. Pretrial Procedures (Refs & Annos)
Subtitle 2. Venue and Other Procedural Matters (Refs & Annos)
MD Code, Criminal Procedure, § 4-203
§ 4-203. Process against corporations or limited liability companies
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Corporation” includes a joint-stock company and an association.
(3) “Limited liability company” includes a limited liability partnership and a limited liability limited partnership.
Summons to corporation or limited liability company in its corporate or company name
(b) If a charging document is filed against a corporation or limited liability company, the clerk of court may issue a summons to the corporation or limited liability company in its corporate or company name to appear at the court to answer the charging document.
Service of summons
(c) A summons served under subsection (b) of this section may be served in the same manner as provided for service of process in a civil suit under the Maryland Rules.
Return of summons as summoned or served
(d)(1) If a sheriff or other officer returns a summons served under this section as “summoned” or “served”:
(i) the corporation or limited liability company to whom the summons was issued shall be considered as in court and as appearing to the charging document; and
(ii) the court shall order the clerk to enter an appearance for the corporation or limited liability company and to endorse a plea of not guilty on the charging document.
(2) After the clerk makes the entry and endorsement specified in paragraph (1)(ii) of this subsection, further proceedings may occur concerning the charging document in the same manner as if the corporation or limited liability company had appeared and pleaded not guilty.
Conviction on charging document
(e)(1) If a corporation or limited liability company is served a summons under this section and is convicted on the charging document, a court may:
(i) pass a judgment concerning the charging document; and
(ii) issue process of execution to the sheriff of the county against the property of the corporation or limited liability company for the amount of the fine and costs that may be awarded against the corporation or limited liability company in the same manner as on a judgment in a civil action.
(2) A sheriff shall sell the property of the corporation or limited liability company on an execution under paragraph (1) of this subsection in the same manner as on an execution issued in a civil suit.

Credits

Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2006, c. 534, § 1, eff. Oct. 1, 2006.
Formerly Art. 27, §§ 624, 625.
MD Code, Criminal Procedure, § 4-203, MD CRIM PROC § 4-203
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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