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Session Laws, 1975
Volume 716, Page 2253   View pdf image
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MARVIN MANDEL, Governor

2253

company having a recognized group name may sue or be sued
in such group name in any action affecting the common
property, rights and liabilities of such association or
joint stock company. Such action shall have the same
force and effect as regards the common property, rights
and liabilities of such association or joint stock
company as if it were prosecuted by or against all the
members or shareholders thereof. No such action shall
abate by reason of the death, resignation, removal or
incapacity of any officer, member or shareholder of such
association or joint stock company or by reason of any
change in the membership thereof or share ownership
therein; nor shall any such action abate by reason of the
dissolution of any such association or joint stock
company, but such action may be continued with such
change of parties, if any, as the court in which the same
is pending shall direct. Any money judgment against such
association or joint stock company shall be enforceable
only against such association or joint stock company as
an entity and against its assets, and shall not be
enforceable against any individual member or shareholder
or his assets.]

SECTION 2. AND BE IT FURTHER ENACTED, That new
Sections 6—406 and 11—105 be and they are hereby added to
Article — Courts and Judicial Proceedings, of the
Annotated Code of Maryland (1974 Volume and 1974
Supplement) to read as follows:

Article — Courts and Judicial Proceedings

6-406.

(A)    AN UNINCORPORATED ASSOCIATION, JOINT STOCK
COMPANY, OR OTHER GROUP WHICH HAS A RECOGNIZED GROUP NAME
MAY SUE OR BE SUED IN THE GROUP NAME ON ANY CAUSE OF
ACTION AFFECTING THE COMMON PROPERTY, RIGHTS, AND
LIABILITIES OF THE GROUP.

(B)   AN ACTION UNDER THIS SECTION:

(1)    HAS THE SAME FORCE AND EFFECT WITH
RESPECT TO THE COMMON PROPERTY,    RIGHTS, AND LIABILITIES
OF THE GROUP AS IF ALL MEMBERS OF THE GROUP WERE JOINED;
AND

(2)   DOES NOT ABATE BECAUSE OF ANY CHANGE OF
MEMBERSHIP IN THE GROUP OR ITS DISSOLUTION.

11-105.

IN ANY CAUSE OF ACTION AFFECTING THE COMMON

 

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Session Laws, 1975
Volume 716, Page 2253   View pdf image
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