Md. Code Regs. 18.04.12.03

Current through Register Vol. 51, No. 26, December 27, 2024
Section 18.04.12.03 - Mergers
A. The Department may accept articles of merger or documents evidencing a merger if the merging entity is not required to file an annual report for the current year.
B. The Department may not accept articles of merger or documents evidencing a merger until all required annual reports have been filed and related filing fees and penalties have been paid by the merging entity through the current year if the surviving entity is:
(1) A Maryland domestic entity formed on or after January 1 of the current year;
(2) A foreign unincorporated entity registered to do business in Maryland on or after January 1 of the current year;
(3) A foreign corporation qualified to do business in Maryland on or after January 1 of the current year; or
(4) An entity that has already filed an annual report for the current year or is not required to file an annual report for the current year.
C. The Department may not accept articles of merger or documents evidencing a merger until all past due annual reports have been filed and related filing fees and penalties have been paid by the merging entity if the surviving entity has not filed its annual report for the current year, and the surviving entity is:
(1) A Maryland domestic entity formed prior to January 1 of the current year;
(2) A foreign unincorporated entity registered to do business in Maryland prior to January 1 of the current year; or
(3) A foreign corporation qualified to do business in Maryland prior to January 1 of the current year.

Md. Code Regs. 18.04.12.03

Regulation .03 adopted effective 49:25 Md. R.1041-1070, eff. 12/12/2022