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§ 9A-1106. Doing business without registration

West's Annotated Code of MarylandCorporations and Associations

West's Annotated Code of Maryland
Corporations and Associations
Title 9a. Revised Uniform Partnership Act (Refs & Annos)
Subtitle 11. Foreign Limited Liability Partnerships
MD Code, Corporations and Associations, § 9A-1106
§ 9A-1106. Doing business without registration
Requirements for maintenance of suit
(a) If a foreign limited liability partnership is doing or has done any intrastate, interstate, or foreign business in this State without complying with the requirements of this subtitle, the foreign limited liability partnership and any person claiming under it may not maintain suit in any court of this State, unless the foreign limited liability partnership shows to the satisfaction of the court that:
(1) The foreign limited liability partnership or the person claiming under it has paid the penalty specified in subsection (d)(1) of this section; and
(2)(i) The foreign limited liability partnership or a successor to it has complied with the requirements of this subtitle; or
(ii) The foreign limited liability partnership and any foreign limited liability partnership successor to it are no longer doing intrastate, interstate, or foreign business in this State.
Impairment of contract or defense of suit
(b) The failure of a foreign limited liability partnership to register in this State does not impair the validity of a contract or act of the foreign limited liability partnership or prevent the foreign limited liability partnership from defending any action, suit, or proceeding in a court of this State.
Department as agent
(c) A foreign limited liability partnership, by doing business in this State without registration, appoints the Department as its agent for service of process with respect to causes of action arising out of doing business in this State.
Penalties
(d)(1)(i) If a foreign limited liability partnership does any intrastate, interstate, or foreign business in this State without registering, the Department shall impose a penalty of $200 on the foreign limited liability partnership.
(ii) The penalty under this subsection shall be collected and may be reduced or abated under § 14-704 of the Tax-Property Article.
(2) Each member of a foreign limited liability partnership that does intrastate, interstate, or foreign business in this State without registering, and each agent of the foreign limited liability partnership who transacts intrastate, interstate, or foreign business in this State for it is guilty of a misdemeanor and on conviction is subject to a fine of not more than $1,000.

Credits

Added as Corporations and Associations § 9-1106 by Acts 1997, c. 654, § 2, eff. July 1, 1998. Renumbered as Corporations and Associations § 9A-1106 by Acts 1998, c. 743, § 1, eff. June 1, 1998. Amended by Acts 2000, c. 61, § 1, eff. April 25, 2000.
MD Code, Corporations and Associations, § 9A-1106, MD CORP & ASSNS § 9A-1106
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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