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Session Laws, 1975
Volume 716, Page 1517   View pdf image
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MARVIN MANDEL, Governor

1517

OR TO ENGAGE IN ORGANIZED CRIME; AND

(2) FOR THE PREVENTION OF FUTURE ILLEGAL
CONDUCT OF THE SAME CHARACTER, THE PUBLIC INTEREST
REQUIRES THE CHARTER OF THE CORPORATION TO BE FORFEITED
AND THE CORPORATION TO BE DISSOLVED OR THE AUTHORIZATION
TO BE REVOKED.

(C)    PROCEEDING TO ENJOIN OPERATION OF BUSINESS
OTHER THAN CORPORATION.

THE ATTORNEY GENERAL MAY INSTITUTE A CIVIL
PROCEEDING IN THE COURTS TO ENJOIN THE OPERATION OF ANY
BUSINESS OTHER THAN A CORPORATION, INCLUDING A
PARTNERSHIP, LIMITED PARTNERSHIP, UNINCORPORATED
ASSOCIATION, JOINT VENTURE, OR SOLE PROPRIETORSHIP, IF:

(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 OF THESE BUSINESSES, OR A
PERSON WHO, IN FACT, EXERCISES CONTROL OVER THE
OPERATIONS OF THE BUSINESS IN CONDUCTING ITS BUSINESS
AFFAIRS, PURPOSELY ENGAGES IN A PERSISTENT COURSE OF
ORGANIZED CRIME OR OTHER ILLEGAL CONDUCT WITH THE INTENT
TO COMPEL OR INDUCE ANY PERSON TO DEAL WITH THE BUSINESS
OR ENGAGE IN ORGANIZED CRIME; AND

(2) FOR THE PREVENTION OF FUTURE ILLEGAL
CONDUCT OF THE SAME CHARACTER, THE PUBLIC INTEREST
REQUIRES THE OPERATION OF THE BUSINESS TO BE ENJOINED.

(D)     VENUE; AVAILABILITY OF OTHER PROCEEDINGS;
APPLICABILITY OF RULES OF PROCEDURE AND RULES OF COURT.

(.1) THE PROCEEDING AUTHORIZED BY SUBSECTION

(B)    OF THIS SECTION MAY BE INSTITUTED AGAINST A
CORPORATION IN ANY COUNTY IN WHICH IT IS DOING BUSINESS.
THE PROCEEDING SHALL BE IN ADDITION TO ANY OTHER
PROCEEDING AUTHORIZED BY LAN FOR THE PURPOSE OF
FORFEITING THE CHARTER OF A CORPORATION OR REVOKING THE
AUTHORIZATION OF A FOREIGN CORPORATION TO DO BUSINESS IN
THIS STATE.

(2)    THE PROCEEDING AUTHORIZED BY SUBSECTION

(C)  OF THIS SECTION MAY BE INSTITUTED IN ANY COUNTY IN
WHICH THE NON-CORPORATE ENTITY IS DOING BUSINESS.

REVISOR'S NOTE: This section presently appears as
Art. 23, §84A.

In subsections (b) (1) (ii) and (c) (1) of this
section, the word "person" is substituted for
"other persons, firms, or corporations" since

 

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Session Laws, 1975
Volume 716, Page 1517   View pdf image
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