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§ 1-406. Trade names, filing

West's Annotated Code of MarylandCorporations and AssociationsEffective: October 1, 2021

West's Annotated Code of Maryland
Corporations and Associations
Title 1. General Provisions (Refs & Annos)
Subtitle 4. Miscellaneous
Effective: October 1, 2021
MD Code, Corporations and Associations, § 1-406
§ 1-406. Trade names, filing
Currentness
Filing of certificate
(a) Any person engaged in any mercantile, trading, or manufacturing business as an agent or doing business or trading under any designation, title, or name other than the person's own name, prior to commencing operation of the business, shall file with the Department a certificate:
(1) In writing;
(2) Affirmed or acknowledged under oath; and
(3) Disclosing:
(i) The true and correct names and addresses of the principal or owner of the business;
(ii) The character and location of the business;
(iii) The name, title, or designation under which the business is conducted; and
(iv) The identification number assigned by the Department for the associated business.
Recording
(b) The name, title, or designation under which a business is conducted shall be recorded with the Department as provided in Subtitle 5 of this title.
Manner of filing
(c) The information required in subsection (a) of this section shall be filed in the manner that the Department requires by regulation.
Agency record
(d)(1) The Department of Assessments and Taxation shall maintain a public record, to be known as the “agency record”.
(2) The agency record shall record all certificates filed in accordance with this section, and the certificates shall be properly indexed.
Fees
(e) The Department of Assessments and Taxation shall charge and receive a fee of:
(1) $25 for recording the certificates under this section; and
(2) $25 for each amendment, cancellation, or renewal of a certificate.
Term and renewal
(f)(1) A certificate filed under this section is effective for a period of 5 years from the date the certificate is filed.
(2) Every 5 years following the year in which a certificate is filed or renewed, a person who has filed or renewed a certificate under this section may renew the certificate by filing, within 6 months before the end of the 5-year period, an application for renewal in the manner that the Department requires by regulation.
(3) A renewal application extends the certificate for 5 years from the end of the previous 5-year period.
Application
(g) This section does not apply to any person who has filed a certificate similar to the certificate required under this section with the Department of Assessments and Taxation before July 1, 1991.
False certificate
(h) A person that willfully and knowingly executes and files a false certificate under subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

Credits

Added by Acts 1990, c. 695. Amended by Acts 1992, c. 536; Acts 1993, c. 283; Acts 1994, c. 494, § 3, eff. Oct. 1, 1994; Acts 1997, c. 31, § 1, eff. Oct. 1, 1997; Acts 1998, c. 21, § 1, eff. April 14, 1998; Acts 1998, c. 222, § 1, eff. Oct. 1, 1998; Acts 2003, c. 203, § 24, eff. July 1, 2003; Acts 2021, c. 106, § 1, eff. Oct. 1, 2021.
Formerly Art. 2, § 20.
MD Code, Corporations and Associations, § 1-406, MD CORP & ASSNS § 1-406
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.
End of Document