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PARRIS N. GLENDENING, Governor
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Ch. 135
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In subsections (c)(1) and (e) of this section, the references to "sign[ing]" articles
of amendment are substituted for the former references to "execut[ing]" articles of
amendment to clarify that "signing" the articles is only one of the formalities required
for the "execution" of the articles. These substitutions are consistent with the
Maryland General Corporation Law, § 1-301 of this article.
In subsection (e) of this section, the former reference to an affidavit stating that
the cooperative has "duly" complied with certain provisions of this section is deleted
as implicit in the word "complied".
Defined terms: "Cooperative" § 5-601
"Member" § 5-601
"Principal office" § 1-101
5-610. NAME.
(A) REQUIRED WORDS.
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
NAME OF A COOPERATIVE OR FOREIGN CORPORATION DOING BUSINESS IN THE
STATE UNDER THIS SUBTITLE SHALL INCLUDE:
(I) THE WORDS "ELECTRIC" AND "COOPERATIVE"; AND
(II) THE ABBREVIATION "INC.".
(2) A COOPERATIVE NEED NOT USE ANY WORD SPECIFIED UNDER
PARAGRAPH (1) OF THIS SUBSECTION IF:
(I) THE COOPERATIVE WISHES TO DO BUSINESS IN ANOTHER
STATE AND IS OR WOULD BE PRECLUDED FROM DOING BUSINESS IN THAT STATE
BECAUSE OF THE INCLUSION OF THE WORD IN ITS NAME; AND
(II) AN AFFIDAVIT STATING THE COOPERATIVE'S REASON FOR NOT
USING THE WORD IS:
1. MADE AND FILED WITH THE DEPARTMENT BY THE
COOPERATIVE'S CHAIRMAN OR VICE-CHAIRMAN; OR
2. MADE BY A PERSON WHO SIGNS ARTICLES OF
INCORPORATION, CONSOLIDATION, MERGER, OR CONVERSION FOR THE
COOPERATIVE AND FILED, TOGETHER WITH THE ARTICLES, WITH THE DEPARTMENT.
(B) NAME TO BE DISTINGUISHABLE.
THE NAME OF A COOPERATIVE SHALL BE DISTINGUISHABLE ON THE RECORDS
OF THE DEPARTMENT FROM THE ENTITY NAME OF AN ENTITY ORGANIZED OR
AUTHORIZED TO TRANSACT BUSINESS IN THE STATE AS PROVIDED UNDER § 1-504 OF
THIS ARTICLE.
DRAFTER'S NOTE: This section is new language derived without substantive
change from former Ch. 179, § 5, Acts of 1976, as amended by Ch. 604, Acts of 2001.
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- 1413 -
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