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Session Laws, 1974
Volume 713, Page 238   View pdf image
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238                                          LAWS OF MARYLAND                           [Ch. 11

IF A FIDUCIARY MAKES A DEPOSIT IN A BANK TO HIS
PERSONAL CREDIT OF CHECKS DRAWN BY HIM UPON AN ACCOUNT IN
HIS OWN NAME AS FIDUCIARY, OR OF CHECKS PAYABLE TO HIM AS
FIDUCIARY, OR OF CHECKS DRAWN BY HIM UPON AN ACCOUNT IN
THE NAME OF HIS PRINCIPAL IF HE IS EMPOWERED TO DRAW
CHECKS THEREON, OR OF CHECKS PAYABLE TO HIS PRINCIPAL AND
INDORSED BY HIM, IF HE IS EMPOWERED TO INDORSE THE
CHECKS, OR IF HE OTHERWISE MAKES A DEPOSIT OF FUNDS HELD
BY HIM AS FIDUCIARY, THE BANK RECEIVING THE DEPOSIT MAY
NOT BE BOUND TO INQUIRE WHETHER THE FIDUCIARY IS
COMMITTING THEREBY A BREACH OF HIS OBLIGATION AS
FIDUCIARY; AND THE BANK IS AUTHORIZED TO PAY THE AMOUNT
OF THE DEPOSIT OR ANY PART THEREOF UPON THE PERSONAL
CHECK OF THE FIDUCIARY WITHOUT BEING LIABLE TO THE
PRINCIPAL, UNLESS THE BANK RECEIVES THE DEPOSIT OR PAYS
THE CHECK WITH ACTUAL KNOWLEDGE THAT THE FIDUCIARY IS
COMMITTING A BREACH OF HIS OBLIGATION AS FIDUCIARY IN
MAKING THE DEPOSIT OR IN DRAWING THE CHECK, OR WITH
KNOWLEDGE OF THE FACTS THAT ITS ACTION IN RECEIVING THE
DEPOSIT OR PAYING THE CHECK AMOUNTS TO BAD FAITH.

15-209. CASES NOT PROVIDED FOR IN ARTICLE.

IN ANY CASE NOT PROVIDED FOR IN THIS SUBTITLE THE
RULES OF LAW AND EQUITY, INCLUDING THE LAW MERCHANT AND
THOSE RULES OF LAW AND EQUITY RELATING TO TRUSTS, AGENCY,
NEGOTIABLE INSTRUMENTS, AND BANKING, SHALL CONTINUE TO
APPLY.

15-210. UNIFORMITY OF INTERPRETATION.

THE MARYLAND UNIFORM FIDUCIARIES ACT SHALL BE SO
INTERPRETED AND CONSTRUED AS TO EFFECTUATE ITS GENERAL
PURPOSE TO MAKE UNIFORM THE LAW OF THOSE STATES WHICH
ADOPT IT.

15-211. SHORT TITLE.

THIS SUBTITLE MAY BE CITED AS THE MARYLAND UNIFORM
FIDUCIARIES ACT.

REVISOR'S NOTE: These sections presently appear as
Ait. 37A, §§1 through 2, 4 through 9, and 11
through 13, Sec. 10 has been omitted because
it applies to transactions taking place prior
to June 1, 1929 and it is no longer considered
to be applicable. The definition of "person"
in subsection (d) has been changed to comply
with the definition in §15-301(f) in the
Maryland Uniform Act for the Simplification of
Fiduciary Security Transfers. They are known
as the Uniform Fiduciaries Act.

SUBTITLE 3. MARYLAND UNIFORM ACT FOR THE SIMPLIFICATION

 

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Session Laws, 1974
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