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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
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 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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