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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 835   View pdf image (33K)
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CORPORATIONS 835

(b) If any corporation of this State or any foreign corporation has not
a resident agent, or has one or more resident agents and an unsuccessful
attempt has been made to serve process upon each of its resident agents,
process may be served (subject to the special provisions for foreign insur-
ance companies and for fraternal beneficiary societies, orders or associations
made in Article 48A) upon the president, manager, secretary or treasurer
of such corporation, or upon any director, vice-president, assistant secre-
tary or assistant treasurer thereof, and if none of the above resides in this
State, such process may be served upon any agent or other person expressly
or impliedly authorized to accept such service.

(c) If any corporation of this State or any foreign corporation has
not a resident agent, or has one or more resident agents and two unsuccess-
ful attempts have been made on different business days to serve process
upon a resident agent thereof, such corporation may be made a defendant
in an attachment in the same manner as a non-resident individual.

(d) If any corporation of this State, or any foreign corporation re-
quired by any statute of this State to have a resident agent, has not a resi-
dent agent, or has one or more resident agents and two unsuccessful at-
tempts have been made on different business days to serve process upon each
of its resident agents, such corporation shall be conclusively presumed to
have designated the State Tax Commission as its true and lawful attorney
authorized to accept on its behalf service of process in the action in which
such process issued, and in such case such process may be served upon the
State Tax Commission as the true and lawful attorney of such corporation.

(e) An unsuccessful attempt to serve process upon a resident agent shall
be deemed to have been made if an attempt to serve such process has been
made during usual business hours at its principal office, in the case of a
corporation of this State, or at the place certified to the State Tax Com-
mission as the address of a resident agent, in the case of a foreign corpora-
tion, and such principal office or place, as the case may be, shall be closed
or there shall be no resident agent of such corporation at such principal
office or place and no. one thereat authorized in the manner provided in
Section 112 of this Article to accept service of such process.

(f) The return of the officer making an unsuccessful attempt to serve
process as aforesaid shall set forth the date and hour when such service of
process was attempted and other facts meeting the conditions hereinabove
provided.

(g) In all cases mentioned in this Section the officer serving process
shall leave a copy thereof with the person upon whom it is served, and if
such process is not served upon, a resident agent or upon a person authorized
in the manner provided in Section 112 of this Article to accept service
of such process, a copy thereof shall also be left at the principal office, or
if the principal office is closed or if the location of a principal office has
not been certified to the State Tax Commission, then at the address of a
resident agent of such corporation if such corporation has a resident agent.

(h) Process issued out of any court or by any justice of the peace of
this State against any corporation of this State or any foreign corporation
may be directed to the sheriff, constable or other proper officer of any
county or of the City of Baltimore, returnable to the clerk of the court out
of which, or to the justice of the peace by which, the same was issued.

(i) Nothing in this Section shall prevent service of process in the man-
ner permitted by the motor vehicle laws of this State in an action against


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 835   View pdf image (33K)
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