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§ 19-303. Registration

West's Annotated Code of MarylandBusiness Regulation

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 19. Miscellaneous State Business Regulation (Refs & Annos)
Subtitle 3. Returnable Containers and Returnable Textiles (Refs & Annos)
MD Code, Business Regulation, § 19-303
Formerly cited as MD CODE Art. 27, § 471; MD CODE Art. 27, § 472; MD CODE Art. 27, § 473; MD CODE Art. 27, § 479
§ 19-303. Registration
Currentness
In general
(a)(1) A person may register:
(i) a class of returnable containers if:
1. the person owns or deals in goods handled or delivered in a returnable container; and
2. the returnable container has an identifying name, mark, or device securely attached, impressed, or imprinted; or
(ii) a class of returnable textiles, if the person:
1. is in the business of regularly supplying clean laundered returnable textiles; and
2. periodically exchanges the clean returnable textiles for soiled returnable textiles.
(2) A person who has registered a returnable container or returnable textile under State law is not required to reregister the returnable container or returnable textile.
Procedure
(b) To register a returnable container or returnable textile a person shall:
(1)(i) prepare a clear statement of the character of the returnable container or returnable textile; and
(ii) prepare a comprehensive description of the identifying name, mark, or device attached, impressed, imprinted, woven, or produced;
(2) sign and acknowledge the comprehensive description before an officer qualified to take an acknowledgment to deeds in the State;
(3) publish the signed and acknowledged comprehensive description:
(i) in two successive issues, in different weeks, of a newspaper published in the county in which the principal office, place of business, or agency of the person is located; or
(ii) twice a week for 2 successive weeks in a daily newspaper published in Baltimore City if the principal office, place of business, or agency of the person is located in Baltimore City; and
(4) file with the Secretary of State the comprehensive description and a certificate of publication, certified by the owner or manager of the newspaper in which the comprehensive description was published.
Transfer
(c) A person may transfer a registration by filing a copy of the assignment or transfer with the Secretary of State.
Recording
(d)(1) The Secretary of State shall record each:
(i) comprehensive description filed under subsection (b) of this section;
(ii) certificate of publication filed under subsection (b) of this section; and
(iii) transfer filed under subsection (c) of this section.
(2) On application, the Secretary of State shall provide to the applicant a certified copy of a recorded filing.
(3) The Secretary of State shall establish reasonable fees:
(i) for recording under this section; and
(ii) for providing copies of records filed under this section.
Evidence
(e) A certified copy of a comprehensive description and a certificate of publication or of a transfer with the seal of the Secretary of State attached is:
(1) evidence that the person complied with this subtitle; and
(2) prima facie evidence of:
(i) title to or right to use, collect, or deliver the corresponding returnable containers; and
(ii) title to the corresponding returnable textiles.

Credits

Added by Acts 2002, c. 26, § 4, eff. Oct. 1, 2002.
Formerly Art. 27, §§ 471, 472, 473, 479.
MD Code, Business Regulation, § 19-303, MD BUS REG § 19-303
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.
End of Document