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MARVIN MANDEL, Governor
1957
(A) THE WRITING TO AMEND A CERTIFICATE SHALL:
(1) CONFORM TO THE REQUIREMENTS OF
§10-102(A) OF THIS TITLE AS FAB AS NECESSARY TO SET FORTH
CLEARLY THE CHANGE IN THE CERTIFICATE WHICH IT IS DESIRED
TO MAKE; AND
(2) BE SIGNED BY ALL MEMBERS, AND AN
AMENDMENT SUBSTITUTING A LIMITED PARTNER OR ADDING A
LIMITED OR GENERAL PARTNER. SHALL BE SIGNED ALSO BY THE
MEMBER TO BE SUBSTITUTED OR ADDED, AND WHEN A LIMITED
PARTNER IS TO BE SUBSTITUTED, THE AMENDMENT SHALL ALSO BE
SIGNED BY THE ASSIGNING LIMITED PARTNER.
(B) THE WRITING TO CANCEL A CERTIFICATE SHALL BE
SIGNED BY ALL MEMBERS.
(C) A PERSON DESIRING THE CANCELLATION OR AMENDMENT
OF A CERTIFICATE, IF ANY PERSON DESIGNATED IN
SUBSECTIONS (A) AND (B) OF THIS SECTION AS A PERSON WHO
MUST EXECUTE THE WRITING REFUSES TO DO SO, MAY PETITION
THE CIRCUIT COURT OF THE COUNTY OR THE SUPERIOR COURT OF
BALTIMORE CITY TO DIRECT A CANCELLATION OR AMENDMENT
THEREOF.
(D) IF THE COURT FINDS THAT THE PETITIONER HAS A
RIGHT TO HAVE THE WRITING EXECUTED BY A PERSON WHO
REFUSES TO DO SO, IT SHALL ORDER THE CLERK OF THE COURT
IN THE OFFICE WHERE THE CERTIFICATE IS RECORDED TO RECORD
THE CANCELLATION OR AMENDMENT OF THE CERTIFICATE; AND
WHERE THE CERTIFICATE IS TO BE AMENDED, THE COURT SHALL
ALSO CAUSE TO BE FILED FOR RECORD IN THE OFFICE A
CERTIFIED COPY OF ITS DECREE SETTING FORTH THE AMENDMENT.
(E) A CERTIFICATE IS AMENDED OR CANCELLED WHEN
THERE IS FILED FOR RECORD IN THE OFFICE OF THE CLERK OF
THE COURT WHERE THE CERTIFICATE IS RECORDED:
(1) A WRITING IN ACCORDANCE WITH THE
PROVISIONS OF SUBSECTION (A) OR (B) OF THIS SECTION; OR
(2) A CERTIFIED COPY OF THE ORDER IN
ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (D) OF THIS
SECTION.
(F) AFTER THE CERTIFICATE IS DULY AMENDED IN
ACCORDANCE WITH THIS SECTION, THE AMENDED CERTIFICATE
SHALL THEREAFTER BE FOR ALL PURPOSES THE CERTIFICATE
PROVIDED FOR BY THIS TITLE.
REVISOR'S NOTE: This section presently appears as
Art. 73, §25. Cross-references and
nomenclature are conformed.
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