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Session Laws, 1985
Volume 760, Page 1573   View pdf image
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HARRY HUGHES, Governor

1573

(d) (E) An order of the Bank Commissioner under this

subtitle shall be subject to de novo JUDICIAL review by the

circuit court for the county where the bank is located under the
Administrative Procedure Act.

5-908.

If any provision of this subtitle is held invalid, the
invalidity does not affect any other provisions of this subtitle
which can be given effect without the invalid provision, except
that if any 2 provisions of § 5-903 are for any reason held
invalid as conditions of the statutory grant contemplated by this
subtitle and unenforceable as terms of an agreement under [§
5-904(a) of] this subtitle, in final orders entered by courts of
competent jurisdiction of this State or of the United States,
this subtitle shall not have any further force and effect and an
out of state bank holding company or its subsidiary may not
thereafter acquire shares of a bank located in this State under
this subtitle.

5-908.

(A) (1) EXCEPT AS PROVIDED UNDER SUBSECTION (A)(2) OF THIS
SECTION, IF ANY CONDITIONS IMPOSED BY SECTION 5-903(B) OR (C) OF
THIS SUBTITLE ARE DECLARED INVALID FOR ANY REASON AS A RESULT OF
FINAL JUDICIAL ACTION BY A MARYLAND OR FEDERAL COURT OF COMPETENT
JURISDICTION AND IF THE ACTION OF THE COURT WOULD SUBSTANTIALLY
IMPAIR THE PURPOSE OF THIS SUBTITLE, THEN ON THE ENTRY OF A FINAL
NONAPPEALABLE ORDER OR THE EXPIRATION OF TIME FOR APPEAL, THIS
SUBTITLE SHALL BE NULL AND VOID IN ITS ENTIRETY AND SHALL CEASE
TO BE OF ANY FORCE OR EFFECT FROM THE EFFECTIVE DATE OF SUCH
ORDER OR THE EXPIRATION OF THE TIME FOR APPEAL.

(2) ANY APPLICATION THAT HAS BEEN LAWFULLY. APPROVED
UNDER THIS SUBTITLE PRIOR TO A DETERMINATION OF INVALIDITY UNDER
SUBSECTION (A)(1) OF THIS SECTION SHALL BE UNAFFECTED BY A
DETERMINATION OF INVALIDITY.

(B) IF ANY OF THE PROVISIONS OF SUBTITLE 10 OF THIS TITLE
RELATING TO THE TERMS, CONDITIONS, AND LIMITATIONS UNDER WHICH
INTERSTATE ACQUISITIONS OF MARYLAND BANKS, MARYLAND BANK HOLDING
COMPANIES, AND OUT-OF-STATE BANK HOLDING COMPANIES HAVING A
MARYLAND BANK SUBSIDIARY ARE PERMITTED ARE DECLARED INVALID FOR
ANY REASON BY A MARYLAND OR FEDERAL COURT OF COMPETENT
JURISDICTION AND IF THE ACTION OF THE COURT WOULD SUBSTANTIALLY
IMPAIR THE PURPOSE OF SUBTITLE 10 OF THIS TITLE, THEN ON THE
ENTRY OF A FINAL NONAPPEALABLE ORDER OR THE EXPIRATION OF TIME
FOR APPEAL, THE PROVISIONS OF SECTION 5-903(C) SHALL BE NULL AND
VOID IN THEIR ENTIRETY AND SHALL CEASE TO BE OF ANY FORCE OR
EFFECT 6 MONTHS FROM THE EFFECTIVE DATE OF THE ORDER OR THE
EXPIRATION OF TIME FOR APPEAL. HOWEVER, ANY APPLICANT THAT HAS
RECEIVED OR RECEIVES APPROVAL FOR A SECTION 5-903(C) EXEMPTION
WITHIN 6 MONTHS FOLLOWING SUCH ENTRY OF A FINAL NONAPPEALABLE
ORDER OR THE EXPIRATION OF TIME FOR APPEAL SHALL CONTINUE TO BE

 

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Session Laws, 1985
Volume 760, Page 1573   View pdf image
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