WILLIAM DONALD SCHAEFER, Governor Ch. 546

(5) "PERSON" HAS THE MEANING STATED IN TITLE 15,
SUBTITLE 3 OF THE ESTATES AND TRUSTS ARTICLE.

(6) "TRANSFER" HAS THE MEANING STATED IN TITLE 15,
SUBTITLE 3 OF THE ESTATES AND TRUSTS ARTICLE.

(7) "TRANSFER AGENT" HAS THE MEANING STATED IN TITLE
15, SUBTITLE 3 OF THE ESTATES AND TRUSTS ARTICLE.

(B) A PERSON WHO PARTICIPATES IN THE ACQUISITION,
DISPOSITION, ASSIGNMENT, OR TRANSFER OF A SECURITY BY OR TO A
FIDUCIARY, INCLUDING A PERSON WHO GUARANTEES THE SIGNATURE
OF THE FIDUCIARY, IS NOT LIABLE FOR PARTICIPATION IN ANY BREACH
OF FIDUCIARY DUTY BY REASON OF FAILURE TO INQUIRE WHETHER
THE TRANSACTION INVOLVES A BREACH UNLESS IT IS SHOWN THAT THE
PERSON ACTED WITH ACTUAL KNOWLEDGE THAT THE PROCEEDS OF
THE TRANSACTION WERE BEING OR WERE TO BE USED WRONGFULLY
FOR THE INDIVIDUAL BENEFIT OF THE FIDUCIARY OR THAT THE
TRANSACTION WAS OTHERWISE IN BREACH OF DUTY.

(C) IF A CORPORATION OR TRANSFER AGENT MAKES A TRANSFER
UNDER AN ASSIGNMENT BY A FIDUCIARY, A PERSON WHO
GUARANTEED THE SIGNATURE OF THE FIDUCIARY IS NOT LIABLE ON
THE GUARANTEE TO ANY PERSON TO WHOM THE CORPORATION OR
TRANSFER AGENT, BY REASON OF THIS SECTION OR TITLE 15, SUBTITLE
3 OF THE ESTATES AND TRUSTS ARTICLE, INCURS NO LIABILITY.

(A) THE FOLLOWING PERSONS OR AGENCIES SHALL BE IMMUNE
FROM CIVIL OR CRIMINAL LIABILITY IN CONNECTION WITH THE
CONDUCTING OF A CRIMINAL BACKGROUND INVESTIGATION UNDER
TITLE 5, SUBTITLE 5, PART VI OF THE FAMILY LAW ARTICLE:

(1) AN EMPLOYER THAT IN GOOD FAITH RELIES ON A
CRIMINAL BACKGROUND INVESTIGATION TO DENY OR TERMINATE AN
INDIVIDUAL'S EMPLOYMENT OR PARTICIPATION IN A FACILITY;

(2) A STATE OR LOCAL AGENCY THAT IN GOOD FAITH RELIES
ON A CRIMINAL BACKGROUND INVESTIGATION OF AN EMPLOYER TO
GRANT, DENY, SUSPEND, OR REVOKE LICENSURE, REGISTRATION,
APPROVAL, OR CERTIFICATION OF A FACILITY;

(3) A LOCAL DEPARTMENT OF SOCIAL SERVICES THAT IN
GOOD FAITH RELIES ON A CRIMINAL BACKGROUND INVESTIGATION TO
MAKE A DECISION CONCERNING THE PLACEMENT OF A CHILD
COMMITTED TO IT, INCLUDING A DECISION TO REMOVE A CHILD FROM
A PARTICULAR FACILITY OR HOME; AND

(4) A STATE OR LOCAL AGENCY THAT IN GOOD FAITH
PARTICIPATES IN THE MAKING OF A CRIMINAL BACKGROUND

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