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Session Laws, 1989
Volume 771, Page 3840   View pdf image
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Ch. 644                                       LAWS OF MARYLAND

SUCCESSOR FIDUCIARY FOR CLAIMS AGAINST THE SUCCESSOR FIDUCIARY
WHEN ACTING IN ITS FIDUCIARY CAPACITY.

15-1A-04.

(A)  WHEN A SUCCESSOR FIDUCIARY IS SUBSTITUTED UNDER THIS
SUBTITLE, THE SUCCESSOR FIDUCIARY SHALL SEND NOTICE TO THE
FOLLOWING PERSONS AT THE PERSON'S LAST KNOWN ADDRESS:

(1)  EACH COFIDUCIARY OF THE SUCCESSOR FIDUCIARY;

(2)  EACH SURVIVING SETTLOR OF A TRUST;

(3)  EACH PERSON WHO, ALONE OR IN CONJUNCTION WITH
OTHERS, HAS THE POWER TO REMOVE ANY CORPORATE FIDUCIARY; AND

(4)  (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH, EACH BENEFICIARY OF A TRUST, ESTATE, OR FUND WITH
RESPECT TO WHICH A SUBSTITUTION OF CORPORATE FIDUCIARY UNDER THIS
TITLE IS MADE.

(II) IN THE CASE OF A TRUST DESCRIBED IN 12
U.S.C. § 401(A), NOTICE SHALL BE GIVEN TO THE EMPLOYER OR
EMPLOYEE ORGANIZATION RESPONSIBLE FOR THE MAINTENANCE OF THE
TRUST.

(B)  THE NOTICE REQUIRED UNDER SUBSECTION (A) OF THIS
SECTION SHALL BE:

(1)  PERSONALLY DELIVERED OR MAILED BY REGISTERED
MAIL, POSTAGE PREPAID, RETURN RECEIPT REQUESTED, WITHIN 30 DAYS
BEFORE OR AFTER SUBSTITUTION OF THE SUCCESSOR FIDUCIARY; AND

(2)  PUBLISHED ONCE A WEEK IN 3 SUCCESSIVE WEEKS IN
ONE OR MORE NEWSPAPERS OF GENERAL CIRCULATION PUBLISHED IN THE
COUNTY IN WHICH THE PRINCIPAL PLACE OF BUSINESS OF THE SUCCESSOR
FIDUCIARY IS LOCATED.

(C)  THE NOTICE REQUIRED UNDER SUBSECTION (A) OF THIS
SECTION SHALL CONTAIN:

(1)  THE NAME OF THE PREDECESSOR CORPORATE FIDUCIARY;

(2)  THE NAME OF THE SUCCESSOR FIDUCIARY;

(3)  THE EFFECTIVE DATE OF SUBSTITUTION OF THE
SUCCESSOR FIDUCIARY; AND

(4)  A STATEMENT OF THE RIGHTS AND PROCEDURES
AVAILABLE UNDER SUBSECTION (D) OF THIS SECTION.

(D)  (1) IN THIS SUBSECTION, "INTERESTED PARTY" MEANS A
PERSON WHO:

- 3840 -

 

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Session Laws, 1989
Volume 771, Page 3840   View pdf image
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