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Maryland Code, Corporations and Associations § 5-108

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) If required under § 5-107 of this subtitle to obtain a certificate of authorization for use of a corporate name, the professional corporation or its incorporator shall file an application with the appropriate licensing unit, using a form provided by the licensing unit that contains:

(1) The name to be adopted by the corporation;

(2) The reasons for adopting the name; and

(3) Any other information required by the licensing unit.

(b) The application shall be accompanied by the fee, if any, set by the licensing unit.

(c)(1) Upon receipt of the application and fee under subsections (a) and (b) of this section, the licensing unit shall consult with and obtain the approval of the professional organization, if one exists, to which a majority of individuals in the State rendering the professional service belong.

(2) In determining the appropriateness of the proposed corporate name, the professional organization shall consider the established ethical standards, rules, and regulations of the profession.

(d) If the licensing unit and, if required, the professional organization approve of the proposed corporate name, the licensing unit shall issue a certificate of authorization for use of a corporate name to the corporation or its incorporator.

(e) Any licensing unit with jurisdiction over the professional service mentioned in the corporation's articles of incorporation may approve the adoption and use of a corporate name under the provisions of §§ 5-106 through 5-108 of this subtitle.

(f)(1) The State Board of Physicians is not required to approve the name of a professional entity whose members are licensed physicians, as defined under § 14-101 of the Health Occupations Article.

(2) After the Department receives the application of a professional entity that is not exempt under § 5-107(a)(1) of this subtitle and whose members are licensed physicians, as defined under § 14-101 of the Health Occupations Article, the Department shall notify MedChi, the Maryland State Medical Society.

(3) On receipt of an application from an entity described under paragraph (2) of this subsection, MedChi, the Maryland State Medical Society may:

(i) Take no further action; or

(ii) If there is reason to believe that the name of the professional entity is deceptive or misleading, refer the application to the Maryland Department of Health.

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Cite this article: FindLaw.com - Maryland Code, Corporations and Associations § 5-108 - last updated January 01, 2025 | https://codes.findlaw.com/md/corporations-and-associations/md-code-corp-and-assns-sect-5-108/

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