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Session Laws, 2003
Volume 799, Page 2278   View pdf image
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Ch. 298                                    2003 LAWS OF MARYLAND

specified and provided for, shall continue with the same force and effect as a judgment
lien. Any judgment lien on personal property is not effective as against an innocent
purchaser for value, unless the personal property has been levied upon by an officer of
a court.

(G) IF A PERSON OR ENTITY LIABLE FOR THE EXCISE TAX AND FOR THE
INTEREST AND PENALTIES OF THE TAX UNDER THIS SUBTITLE IS A CORPORATION
OR LIMITED LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP, INCLUDING
A LIMITED PARTNERSHIP REGISTERED AS A LIMITED LIABILITY LIMITED
PARTNERSHIP, PERSONAL LIABILITY FOR THE EXCISE TAX AND FOR THE INTEREST
AND PENALTIES OF THE TAX EXTENDS TO:

(1)      IN THE CASE OF A CORPORATION:

(I)      THE PRESIDENT, VICE PRESIDENT, OR TREASURER OF THE
CORPORATION; AND

(II)     ANY OFFICER OF THE CORPORATION WHO DIRECTLY OR
INDIRECTLY OWNS MORE THAN 20% OF THE STOCK OF THE CORPORATION; AND

(2)      IN THE CASE OF A LIMITED LIABILITY COMPANY:

(I)      IF THE LIMITED LIABILITY COMPANY DOES NOT HAVE AN
OPERATING AGREEMENT, ALL MEMBERS; OR

(II)     IF THE LIMITED LIABILITY COMPANY HAS AN OPERATING
AGREEMENT, THOSE INDIVIDUALS WHO MANAGE THE BUSINESS AND AFFAIRS OF
THE LIMITED LIABILITY COMPANY; AND

(3)      IN THE CASE OF A LIMITED LIABILITY PARTNERSHIP:

(I)      IF THE LIMITED LIABILITY PARTNERSHIP DOES NOT HAVE A
WRITTEN PARTNERSHIP AGREEMENT, ALL GENERAL PARTNERS; OR

(II)     IF THE LIMITED LIABILITY PARTNERSHIP HAS A WRITTEN
PARTNERSHIP AGREEMENT, THOSE INDIVIDUALS WHO MANAGE THE BUSINESS AND
AFFAIRS OF THE LIMITED LIABILITY PARTNERSHIP.

(H) A MEMBER OF A LIMITED LIABILITY COMPANY DOES NOT MANAGE THE
BUSINESS AND AFFAIRS OF THE LIMITED LIABILITY COMPANY UNDER SUBSECTION
(G) OF THIS SECTION SOLELY BY DOING ONE OR MORE OF THE FOLLOWING:

(1)      CONSULTING WITH OR ADVISING THE INDIVIDUALS WHO MANAGE
THE BUSINESS AND AFFAIRS OF THE LIMITED LIABILITY COMPANY;

(2)      DIRECTING THE MANAGEMENT OF THE LIMITED LIABILITY
COMPANY IN THE SAME MANNER AS A DIRECTOR OF A CORPORATION DIRECTS THE
MANAGEMENT OF A CORPORATION; OR

(3)      VOTING ON ANY MATTER REQUIRED TO BE VOTED ON BY THE
MEMBERS OF THE LIMITED LIABILITY COMPANY, INCLUDING BUT NOT LIMITED TO:

- 2278 -

 

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Session Laws, 2003
Volume 799, Page 2278   View pdf image
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