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Session Laws, 1971
Volume 707, Page 1626   View pdf image
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1626                             Laws of Maryland                      [Ch. 754

(b)   The Attorney General may institute civil proceeding in the
courts to forfeit the charter of any corporation organized under
the laws of this State and to revoke the permit authorizing any
foreign corporation to carry on business in this State, when:

(1)   (i) Any of the corporate officers or any other person con-
trolling the management or operation of that corporation, with the
knowledge of the president and a majority of the board of directors
or under those circumstances where the president and a majority
of the directors should have knowledge, is a person engaged in
organized crime or who is connected directly or indirectly with
organizations or criminal societies engaging in organized crime, or

(ii) A director, officer, employee, agent or stockholder acting for,
through or on behalf of a corporation, in conducting the corpora-
tion's affairs, purposely engages in a persistent course of organized
crime or other criminal conduct with the knowledge of the president
and a majority of the board of directors or under those circum-
stances where the president and a majority of the directors should
have knowledge, with the intent to compel or induce other persons,
firms or corporations to deal with the corporation or to engage in
organized crime; and

(2)  For the prevention of future illegal conduct of the same char-
acter, the public interest requires the charter of the corporation to
be forfeited and the corporation to be dissolved or the permit to be
revoked.

(c)  The Attorney General may institute civil proceedings in the
courts to enjoin the operation of any business other than a corpora-
tion, including a partnership, limited partnership, unincorporated
association, joint venture or sole proprietorship, when:

(1)  Any person in control of the business, who may be a partner
in a partnership, a participant in a joint venture, the owner of a
sole proprietorship, an employee or agent of any such business, or
a person who, in fact, exercises control over the operations of the
business in conducting business affairs, purposely engages in a per-
sistent course of organized crime or other illegal conduct with the
intent to compel or induce other persons, firms or corporations to
deal with the business or engage in organized crime; and

(2)  That for the prevention of future illegal conduct of the same
character, the public interest requires the operation of the business
to be enjoined.

(d)   (1) The proceedings authorized by Section (b) of this act
may be instituted against a corporation in any county in which it is
doing business and the proceedings shall be conducted in accordance
with the State rules of civil procedure and the applicable rules of
court. These proceedings shall be additional to any other proceed-
ings authorized by law for the purpose of forfeiting the charter of
a corporation or revoking the permit of a foreign corporation.

(2) The proceedings authorized by Section (c) of this act may be
instituted against a business other than a corporation in any county
in which it is doing business and the proceedings shall be conducted
in accordance with the State rules of civil procedure and the appli-
cable rules of court.


 

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Session Laws, 1971
Volume 707, Page 1626   View pdf image
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