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§ 8-702. Conversion approval by board of trustees

West's Annotated Code of MarylandCorporations and AssociationsEffective: October 1, 2013

West's Annotated Code of Maryland
Corporations and Associations
Title 8. Real Estate Investment Trusts (Refs & Annos)
Subtitle 7. Conversions of Real Estate Investment Trusts (Refs & Annos)
Effective: October 1, 2013
MD Code, Corporations and Associations, § 8-702
§ 8-702. Conversion approval by board of trustees
Approval
(a) A conversion of a real estate investment trust to an other entity shall be approved in the manner provided by this section and in accordance with any additional requirements set forth in the real estate investment trust's declaration of trust.
Majority
(b) A conversion of a real estate investment trust need be approved only by a majority of the board of trustees if no shares of beneficial interest are outstanding or subscribed for.
Requirements for board
(c) The board of trustees of a real estate investment trust that proposes to convert to an other entity shall:
(1) Adopt a resolution declaring that the proposed conversion is advisable on substantially the terms and conditions set forth or referred to in the resolution; and
(2) Direct that the proposed conversion be submitted for consideration at an annual or a special meeting of the shareholders.
Notice
(d) Notice stating that a purpose of the meeting will be to act on the proposed conversion shall be given by the real estate investment trust in the manner provided for corporations by Title 2 of this article to:
(1) Each of its shareholders entitled to vote on the proposed transaction; and
(2) Each of its shareholders not entitled to vote on the proposed transaction.
Approval by shareholders
(e) The proposed conversion shall be approved by the shareholders of the real estate investment trust by the affirmative vote of two-thirds of all the votes entitled to be cast on the matter.
Conversion to real estate investment trust
(f) A conversion of an other entity to a real estate investment trust shall be approved in the manner and by the vote required by its governing document and the laws of the place where it is incorporated or organized.
Objections by shareholders
(g) Each shareholder of a real estate investment trust objecting to a conversion of the real estate investment trust shall have the same rights as an objecting stockholder of a Maryland corporation under Title 3, Subtitle 2 of this article and under the same procedures.

Credits

Added by Acts 2013, c. 527, § 2, eff. Oct. 1, 2013; Acts 2013, c. 528, § 2, eff. Oct. 1, 2013.
MD Code, Corporations and Associations, § 8-702, MD CORP & ASSNS § 8-702
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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