MARVIN MANDEL, Governor
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prohibit a creditor from charging a fee for filing a
document unless he files the document within 30 days or
returns the fee to the debtor. The Commission notes
that, although this section sets a time limit for filing
the document, no time limit is prescribed for returning
the fee in the event the document is not filed.
Presumably the same 30—day period was intended to apply;
however, the wording of §9-407 is, at best, ambiguous in
this regard. The Commission also notes the use in this
section of the term "creditor," as distinguished from the
term "secured party" to which Title 9 is addressed.
Since criminal sanctions are imposed for violations of
this section, clarifying legislation may be appropriate.
SECTION 3. AND BE IT FURTHER ENACTED BY THE GENERAL
ASSEMBLY OF MARYLAND, That new Titles 11 through 18 of
Article — Commercial Law (as enacted by Section 2 of this
Act) be and they are hereby enacted to read as follows:
TITLE 11. TRADE REGULATION.
SUBTITLE 1. FAIR TRADE ACT.
11-101. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.
REVISOR'S NOTE: This subsection is new language used
as the standard introductory language to a
definition section.
(B) COMMODITY.
"COMMODITY" MEANS ANY SUBJECT OF COMMERCE.
REVISOR'S NOTE: This subsection presently appears as
Art. 83, §102(a).
No changes are made.
(C) PERSON.
"PERSON" INCLUDES AN INDIVIDUAL, CORPORATION,
BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP, ASSOCIATION,
TWO OR MORE PERSONS HAVING A JOINT OR COMMON INTEREST, OR
ANY OTHER LEGAL OR COMMERCIAL ENTITY.
REVISOR'S NOTE: This subsection is new language
setting forth a broad, standardized definition
of the word "person" as used in this article.
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