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§ 5-108. Application for certificate of authorization to use corporate name

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

West's Annotated Code of Maryland
Corporations and Associations
Title 5. Special Types of Corporations (Refs & Annos)
Subtitle 1. Professional Service Corporations
Effective: October 1, 2021
MD Code, Corporations and Associations, § 5-108
§ 5-108. Application for certificate of authorization to use corporate name
Currentness
Requirements
(a) If required under § 5-107 of this subtitle to obtain a certificate of authorization for use of a corporate name, the professional corporation or its incorporator shall file an application with the appropriate licensing unit, using a form provided by the licensing unit that contains:
(1) The name to be adopted by the corporation;
(2) The reasons for adopting the name; and
(3) Any other information required by the licensing unit.
Fee
(b) The application shall be accompanied by the fee, if any, set by the licensing unit.
Approval; considerations
(c)(1) Upon receipt of the application and fee under subsections (a) and (b) of this section, the licensing unit shall consult with and obtain the approval of the professional organization, if one exists, to which a majority of individuals in the State rendering the professional service belong.
(2) In determining the appropriateness of the proposed corporate name, the professional organization shall consider the established ethical standards, rules, and regulations of the profession.
Issuance of certificate
(d) If the licensing unit and, if required, the professional organization approve of the proposed corporate name, the licensing unit shall issue a certificate of authorization for use of a corporate name to the corporation or its incorporator.
Applicable laws
(e) Any licensing unit with jurisdiction over the professional service mentioned in the corporation's articles of incorporation may approve the adoption and use of a corporate name under the provisions of §§ 5-106 through 5-108 of this subtitle.
Licensed physicians
(f)(1) The State Board of Physicians is not required to approve the name of a professional entity whose members are licensed physicians, as defined under § 14-101 of the Health Occupations Article.
(2) After the Department receives the application of a professional entity that is not exempt under § 5-107(a)(1) of this subtitle and whose members are licensed physicians, as defined under § 14-101 of the Health Occupations Article, the Department shall notify MedChi, the Maryland State Medical Society.
(3) On receipt of an application from an entity described under paragraph (2) of this subsection, MedChi, the Maryland State Medical Society may:
(i) Take no further action; or
(ii) If there is reason to believe that the name of the professional entity is deceptive or misleading, refer the application to the Maryland Department of Health.

Credits

Added by Acts 1993, c. 413, § 2. Amended by Acts 2009, c. 399, § 1, eff. Oct. 1, 2009; Acts 2010, c. 71, § 1, eff. April 13, 2010; Acts 2016, c. 335, § 1, eff. Oct. 1, 2016; Acts 2021, c. 794, § 1, eff. Oct. 1, 2021.
MD Code, Corporations and Associations, § 5-108, MD CORP & ASSNS § 5-108
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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