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ROBERT L. EHRLICH, JR., Governor
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Ch. 63
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(1) IF THE SECRETARY OF STATE FINDS THAT THE REQUIREMENTS OF
SUBSECTION (B) OR (C) AND SUBSECTION (D) OF THIS SECTION HAVE BEEN
SATISFIED, THE SECRETARY OF STATE SHALL ENDORSE THE ARTICLES AS
"APPROVED" AND ISSUE A CERTIFICATE OF APPROVAL ATTACHED TO THE ENDORSED
ARTICLES.
(2) WHEN THE CERTIFICATE OF APPROVAL IS ISSUED, THE ARTICLES OF
ORGANIZATION AS FILED ARE CONSIDERED TO HAVE BEEN ADOPTED.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 44A, § 1-202(a) through (e).
In subsection (a)(1)(ii) of this section, the reference to the "custodian of
records" as the person required to file documents with the Secretary of
State is added to expressly state what was only formerly implied.
In subsection (d)(3) of this section, the defined term "political subdivision"
is substituted for the former reference to "local government" to conform to
the terminology used throughout this article.
In subsection (e)(2) of this section, the statement that on issuance of a
certificate of approval, "the articles of organization as filed are considered
to have been adopted" is substituted for the former statement that the
articles of organization "are effective and are conclusively considered to
have been lawfully and properly adopted" for brevity.
The Housing and Community Development Article Review Committee
notes, for consideration by the General Assembly, that subsection (c)(1)(h)
of this section requires in part that before a pre-existing authority may
adopt articles of organization, the custodian of records must provide
documentation that within 5 years before the date the documentation is
submitted the authority "is operating" one or more housing projects. The
provision is unclear as to whether it requires an authority to operate one or
more housing projects at the time the documentation is submitted or
whether it requires an authority to have operated one or more housing
projects sometime within 5 years before the documentation is submitted.
Defined terms: "Authority" § 12-101
"Bond" § 12-101
"Chief elected official" § 12-101
"Custodian of records" § 12-101
"Extraordinary majority" § 12-101
"Housing project" § 12-101
"Legislative body" § 12-101
"Political subdivision" § 12-101
"Pre-existing authority" § 12-101
12-207. AMENDMENTS TO AND RESTATEMENTS OF ARTICLES OF ORGANIZATION.
(A) REQUIREMENTS.
- 437 -
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