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Session Laws, 1973, Special Session
Volume 710, Page 213   View pdf image
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MARVIN MANDEL, Governor                                 213

does not presently extend the period of
limitations - see Art. 57, §7.

There is no intention to extend other time
limits for filing or notifying a defendant
of a possible suit, nor the period within
which an action for wrongful death is to be
brought. See sections listed in revisor's
note to §5-101.

SEC. 5-202. TIME BETWEEN PETITION IN INSOLVENCY BY
DEBTOR AND DISMISSAL OF PETITION DOES NOT DEFEAT
CLAIM.

IF A DEBTOR FILES A PETITION IN INSOLVENCY WHICH
IS LATER DISMISSED, THE TIME BETWEEN THE FILING AND
THE DISMISSAL IS NOT INCLUDED IN DETERMINING WHETHER A
CLAIM AGAINST THE DEBTOR IS BARRED BY THE STATUTE OF
LIMITATIONS.

REVISOR'S NOTE: This section is new language
derived from Art. 57, §9.

SEC. 5-203. IGNORANCE OF CAUSE OF ACTION INDUCED BY
FRAUD.

IF A PARTY IS KEPT IN IGNORANCE OF A CAUSE OF
ACTION BY THE FRAUD OF AN ADVERSE PARTY, THE CAUSE OF
ACTION SHALL BE DEEMED TO ACCRUE AT THE TIME WHEN THE
PARTY DISCOVERED, OR BY THE EXERCISE OF ORDINARY
DILIGENCE SHOULD HAVE DISCOVERED THE FRAUD.

REVISOR'S NOTE: This section is new language
derived from Art. 57, §14.

SEC. 5-204. CORPORATIONS - DENIAL OF DEFENSE OF
LIMITATIONS.

A FOREIGN CORPORATION REQUIRED BY LAW TO QUALIFY
OR REGISTER TO DO BUSINESS IN THE STATE OR A PERSON
CLAIMING UNDER THE CORPORATION, MAY NOT BENEFIT FROM
ANY STATUTE OF LIMITATIONS IN AN ACTION AT LAW OR SUIT
IN EQUITY:

(1) ARISING OUT OF A CONTRACT MADE OR
LIABILITY INCURRED BY THE CORPORATION WHILE DOING
BUSINESS WITHOUT HAVING QUALIFIED OR REGISTERED; OR

(2) INSTITUTED WHILE THE CORPORATION IS
DOING INTRASTATE OR INTERSTATE OR FOREIGN BUSINESS IN
THE STATE WITHOUT HAVING QUALIFIED OR REGISTERED.

 

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Session Laws, 1973, Special Session
Volume 710, Page 213   View pdf image
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