Legal Question in Business Law in Maryland

In maryland,if a club that year's ago forfeited its incorporation tries to file as a new nonprofit Corp and reuse the old name, what will happen? Will it be processed or will we be questioned first to see if we operated? If the latter can we claim during the lapse period we were just an unincorporated association?

Asked on 9/17/13, 3:18 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

In Maryland one can "revive" a forfeited charter by paying the back personal property taxes. Because non-stock, not-for profit corporations are exempt from the annual filing fee, this should be a simple matter of filing the returns then filing Articles of Revival.

The SDAT will not simply let an organization 'reuse' the old name without dealing with the unfiled returns-- the options are to create an entirely new organization or revive the old organization's charter.

Note that selecting a name is more than just filing with the state -- the SDAT may accept a name that may still cause other legal issues if it is too similar to an existing business.

While I hope this information helps it is not a substitute for legal advice on the specifics of your situation.

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Answered on 9/17/13, 5:44 am

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