CORPORATIONS 843
(2) such foreign corporation or the person claiming under it shall have
paid to the clerk of the court in which such suit was instituted a penalty
of two hundred dollars. Upon receipt of such penalty of two hundred
dollars, the clerk of such court shall pay one hundred and fifty dollars
thereof to the State Treasurer for the use of the State and fifty dollars
thereof to the defendant.
(d) If any foreign corporation required by Section 120 of this Article
to qualify to do intrastate business in this State does such business in this
State without qualifying to do such business, or if any foreign corporation
required by said section to register to do interstate or foreign business in
this State does such business in this State without registering to do such
business, the State Tax Commission shall impose upon it a penalty of not
exceeding two hundred dollars. Such penalties shall be collected and may
be reduced or abated in the manner provided for the collection, reduction
and abatement of penalties imposed by Section 188 of Article 81 for
failure to file reports with the State Tax Commission.
1937, ch. 504, sec. 122.
122. No foreign corporation required by Section 120 of this Article
to qualify to do intrastate business in this State or to register to do inter-
state or foreign business in this State, and no person claiming under such
foreign corporation, shall have any benefit of any statute of limitations
(a) in any action at law or in equity arising out of any contract made or
liability incurred by such corporation while doing such business without
having complied with the requirements of Section 120 of this Article, or
(b) in any action at law or in equity instituted while such corporation
is doing intrastate or interstate or foreign business in this State without
having complied with the requirements of Section 120 of this Article.
Unincorporated Associations.
1937, ch. 504, sec. 124.
123. Every unincorporated association or joint stock company having
a recognized group name may sue or be sued in such group name in any
action affecting the common property, rights and liabilities of such associa-
tion or joint stock company. Such action shall have the same force and
effect as regards the common property, rights and liabilities of such asso-
ciation or joint stock company as if it were prosecuted by or against all
the members or shareholders thereof. No such action shall abate by reason
of the death, resignation, removal or incapacity of any officer, member
or shareholder of such association or joint stock company or by reason of
any change in the membership thereof or share ownership therein; nor
shall any such action abate by reason of the dissolution of any such associa-
tion or joint stock company, but such action may be continued with such
change of parties, if any, as the court in which the same is pending shall
direct.
Miscellaneous Provisions.
An. Code, 1924, sec. 126. 1912, sec. 98. 1908, ch. 240, sec. 73.
124. Whenever it shall happen in the case of any corporation having
a definite number of members and no capital stock, that by death or resig-
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