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Session Laws, 1994
Volume 773, Page 393   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                               Ch. 6

(V) A CRIME IN WHICH A CRIME DESCRIBED UNDER ITEM (I), (II),
(III), OR (IV) OF THIS PARAGRAPH IS AN ELEMENT.

(2) A PERSON MAY NOT KNOWINGLY ALLOW ANOTHER PERSON TO
SERVE AS A FIDUCIARY IN VIOLATION OF PARAGRAPH (1) OF THIS SUBSECTION.

(B)      PENALTIES.

ANY PERSON WHO INTENTIONALLY VIOLATES SUBSECTION (A) OF THIS
SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE
NOT EXCEEDING $10,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

(C)      DATE OF CONVICTION.

FOR THE PURPOSES OF THIS SECTION, A PERSON IS DEEMED TO BE CONVICTED
ON THE LATER OF:

(1)      THE DATE OF JUDGMENT OF THE TRIAL COURT; OR

(2)      THE DATE OF THE FINAL SUSTAINING OF JUDGMENT ON APPEAL.

(D)     REMOVAL.

A FIDUCIARY MAY BE REMOVED FOR A VIOLATION OF SUBSECTION (A) OF
THIS SECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, § 1-209 and the second sentence of § 1-206(a).

In subsection (a)(1) of this section, the phrase "or be permitted [by another]
to serve as a fiduciary" is deleted in light of the prohibition contained in
subsection (a)(2) to the same effect.

Also in subsection (a)(1) of this section, the reference to being "imprisoned"
is deleted as unnecessary. A person is disqualified as a result of a conviction
whether or not imprisoned.

In subsection (c) of this section, the phrase "and under the disability of" a
conviction is deleted as unnecessary in light of the broad reference to being
"convicted".

Defined terms: "Fiduciary" § 21-201
"Person" § 20-101

21-210. BOND.

(A)     PURCHASE BY STATE.

THE STATE SHALL PURCHASE A BOND FOR EACH FIDUCIARY IN ACCORDANCE
WITH ARTICLE 78A, §§ 46 THROUGH 50 OF THE CODE.

(B)      VIOLATION OF BOND REQUIREMENT PROHIBITED.

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Session Laws, 1994
Volume 773, Page 393   View pdf image
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