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ROBERT L. EHRLICH, JR., Governor
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Ch. 63
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and authorized to transact" business, for brevity.
In subsection (h)(2) of this section, the former reference to a copy of a
certificate of organization being admissible in evidence "in any suit, action,
or proceeding" is deleted as surplusage.
Defined terms: "Authority" § 12-101
"Chief elected official" § 12-101
"Custodian of records" § 12-101
"Housing project" § 12-101
"Legislative body" § 12-101
"Political subdivision" § 12-101
12-206. SAME — PRE-EXISTING AUTHORITIES.
(A) IN GENERAL.
(1) A PRE-EXISTING AUTHORITY MAY BE GOVERNED BY ARTICLES OF
ORGANIZATION IF:
(I) THE PRE-EXISTING AUTHORITY MEETS THE REQUIREMENTS
OF SUBSECTION (B) OR SUBSECTION (C) OF THIS SECTION;
(II) THE CUSTODIAN OF RECORDS FILES WITH THE SECRETARY OF
STATE THE DOCUMENTS REQUIRED UNDER SUBSECTION (D) OF THIS SECTION; AND
(III) THE SECRETARY OF STATE ISSUES A CERTIFICATE OF
APPROVAL IN ACCORDANCE WITH SUBSECTION (E) OF THIS SECTION.
(2) ARTICLES OF ORGANIZATION SHALL COMPLY WITH § 12-205(B)
THROUGH (D) OF THIS SUBTITLE.
(B) REQUIREMENTS TO ADOPT ARTICLES OF ORGANIZATION — ALTERNATIVE
1.
BEFORE A PRE-EXISTING AUTHORITY MAY ADOPT ARTICLES OF ORGANIZATION
UNDER THIS SUBSECTION, THE ARTICLES OF ORGANIZATION MUST BE:
(1) RECOMMENDED IN WRITING BY THE CHIEF ELECTED OFFICIAL;
(2) APPROVED BY AN EXTRAORDINARY MAJORITY OF THE BOARD OF
COMMISSIONERS OF THE AUTHORITY; AND
(3) ADOPTED BY AN EXTRAORDINARY MAJORITY OF THE LEGISLATIVE
BODY.
(C) SAME — ALTERNATIVE 2.
BEFORE A PRE-EXISTING AUTHORITY MAY ADOPT ARTICLES OF ORGANIZATION
UNDER THIS SUBSECTION:
(1) THE CUSTODIAN OF RECORDS SHALL PROVIDE DOCUMENTATION TO
THE SECRETARY OF STATE THAT WITHIN 5 YEARS BEFORE THE DATE THE
DOCUMENTATION IS SUBMITTED:
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