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Session Laws, 1967
Volume 681, Page 1334   View pdf image (33K)
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1334                             LAWS OF MARYLAND                        [CH. 649

and (iv) which corporation was the surviving or successor corpora-
tion. If a copy of the document effecting the merger has not been
filed with the Department pursuant to Section 90(g) of this Article,
the surviving or successor corporation shall also file with the Depart-
ment an officially certified copy of such document.

(c)    Upon receipt of the documents filed in accordance with sub-
section (b) of this section, the Department shall prepare a certificate
or certificates of consolidation or merger in the same manner as pro-
vided in Section 66(g) of this Article and shall cause the same to be
filed in the same manner as provided in said Section 66(g); provided,
however, that such certificate need not state the principal office in
this State of any corporation party to the merger or consolidation
which does not have such an office, and such certificate shall state the
other information set forth in the certificate filed by the successor
corporation in accordance with Subsection (b) of this section.

Sec. 13. And be it further enacted, That Sections 96(d), 96(e),
97 and 98 of Article 23 of the Annotated Code of Maryland (1957
Edition), title "Corporations," subheading "I. Stock Corporations,"
subtitle "Process," be and the same are hereby repealed and re-
enacted with amendments, to read as follows:

96.    Service of Process.

(d)    If any corporation of this State, or any foreign corporation
required by any statute of this State to have a resident agent, or any
foreign corporation subject to suit in this State under Section 92 of
this Article, (1) has not a resident agent, or (2) has one or more
resident agents and unsuccessful attempts have been made on differ-
ent business days to serve process either twice upon one resident
agent or once upon each of two resident agents, such corporation
shall be conclusively presumed to have designated the [Commission]
Department 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 [Com-

mission] Department as the true and lawful attorney of such cor-
poration.

(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 the address
certified to the [Commission] Department at the post office address
of such resident agent, and such place is closed or there is no resident
agent of such corporation at such address.

97.    Service on Department.

In cases in which any corporation of this State or any foreign cor-
poration is presumed, as provided in this subtitle, to have designated
the [Commission] Department as its true and lawful attorney au-
thorized to accept on its behalf service of process, service of such
process may be made by leaving two copies of the process, with the
fee required by law, in the office of the [Commission] Department
with any member of the [Commission] Department or with its Sec-
retary. Such service shall be sufficient service upon such corporation
and of full force and effect in any court and before any justice of the
peace of this State.

 

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Session Laws, 1967
Volume 681, Page 1334   View pdf image (33K)
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