Ch. 31

1997 LAWS OF MARYLAND

(B) NOTICE.

NOTICE OF THE SUBSTANCE AND PURPOSE OF THE COMPLAINT OR PETITION SHALL BE GIVEN TO THE DONOR OF THE PROPERTY OR THE DONOR'S SUCCESSOR IN INTEREST BY PERSONAL SERVICE OR BY PUBLICATION IN THE MANNER THE COURT DIRECTS.

(C) TRANSFER OF PROPERTY TO ANOTHER CORPORATION OR ASSOCIATION.

TO THE EXTENT POSSIBLE, THE COURT SHALL DIRECT OR PROVIDE FOR THE TRANSFER OF THE CORPORATION'S PROPERTY TO ANOTHER CORPORATION OR ASSOCIATION HAVING A SIMILAR OR ANALOGOUS CHARACTER OR PURPOSE, OR ASSOCIATED OR CONNECTED WITH THE CORPORATION.

(D) INTENT OF SECTION.

THE INTENT OF THIS SECTION IS THAT THE CIRCUIT COURT MAY EXERCISE
THE JUDICIAL POWER OF CY PRES TO FULFILL, DESPITE A CHANGE IN
CIRCUMSTANCES, THE GENERAL INTENTION OF THE DONOR OF THE PROPERTY FOR THE USE OF THE GIFT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 16, § 127.

In the introductory language of subsection (a) of this section, the phrase "may
order" is substituted for the former phrase "shall have power to determine by
its decree" for brevity and clarity.

Also in the introductory language of subsection (a) of this section, the former
reference to "all or any part of the" corporate property is deleted as
surplusage.

In subsection (a)(2)(i) of this section, the reference to corporate property that
"is not subject to valid requirements for its return to" the donor or the donor's
successor in interest is substituted for the former reference to corporate
property that the donor or the donor's successor in interest "may not be
entitled to" for clarity and to conform to similar language used in CA § 5-208.

In subsection (a)(2)(ii) of this section, the reference to corporate property
that "is not claimed by" the donor or the donor's successor in interest is
substituted for the former reference to corporate property to which the donor
or the donor's successor in interest "may fail to assert any claim" for clarity.

In subsection (b) of this section, the requirement that notice "shall be given to
the donor of the property or the donor's successor in interest" is added for
clarity.

Also in subsection (b) of this section, the reference to the "complaint" is
substituted for the former reference to the "bill" to conform to the
terminology currently used in the Maryland Rules. See Maryland Rule 2-302.
Similarly, the reference to notice by personal "service" is substituted for the
former reference to notice by personal "summons". See Maryland Rule 2-121.

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