Maryland 2025 2025 Regular Session

Maryland House Bill HB1416 Introduced / Bill

Filed 02/07/2025

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb1416*  
  
HOUSE BILL 1416 
C1   	5lr3288 
      
By: Delegate Amprey 
Introduced and read first time: February 7, 2025 
Assigned to: Economic Matters 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
State Department of Assessments and Taxation – Expedited Document 2 
Processing and Fees 3 
 
FOR the purpose of establishing expedited processing fees for certain documents filed with 4 
the State Department of Assessments and Taxation; requiring the Department to 5 
process documents filed at certain times within certain time frames; and generally 6 
relating to document processing by the State Department of Assessments and 7 
Taxation. 8 
 
BY repealing and reenacting, with amendments, 9 
 Article – Corporations and Associations 10 
Section 1–203 and 1–203.2 11 
 Annotated Code of Maryland 12 
 (2014 Replacement Volume and 2024 Supplement) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – Corporations and Associations 16 
 
1–203. 17 
 
 (a) In addition to any organization and capitalization fee required under § 1–204 18 
of this subtitle, subject to subsection (c) of this section, the Department shall collect the fees 19 
specified in subsection (b) of this section. 20 
 
 (b) (1) Except as provided in paragraph (10) of this subsection, for each of the 21 
following documents, the nonrefundable processing fee is $100: 22 
 
 Document 23 
 Articles of incorporation 24  2 	HOUSE BILL 1416  
 
 
 Articles of amendment 1 
 Articles of extension 2 
 Articles of restatement of charter 3 
 Articles of amendment and restatement 4 
 Articles supplementary 5 
 Articles of share exchange 6 
 Articles of consolidation or merger 7 
 Articles of revival for stock corporation 8 
 Articles of revival for nonstock corporation 9 
 Articles of conversion 10 
 Articles of validation 11 
 
 (2) For each of the following documents, the nonrefundable processing fee 12 
is as indicated: 13 
 
 (i) Notice of change of address of principal office...........................$25 14 
 
 (ii) Notice of change of name or address of resident 15 
agent.....................................................................................................................................$25, 16 
up to a maximum of $30,000 for a bulk filing 17 
 
 (iii) Certificate of correction….…………………………………. ……$25 18 
 
 (iv) Except as provided in paragraph (14) of this subsection, any 19 
other documents……………...…………….……………..........................................................$25 20 
 
 (3) (i) For each of the following documents which are filed but not 21 
recorded, the nonrefundable processing fee is as indicated: 22 
 
 Reservation of a corporate, limited partnership, limited liability partnership or 23 
limited liability company name………………………………………………………...	…...…...$25 24 
 
 Original registration of name of a foreign corporation to end of calendar 25 
year…………………………………………………………………………………………..	…..….$100 26 
 
 Renewal of registration of name of a foreign corporation for 1 calendar 27 
year…………………………………………………………………………………………..	…...…$100 28 
 
 Documents in connection with the qualification of a foreign corporation to do 29 
intrastate business in this State……………………………………………………....…	……$100 30 
 
 Application for registration of a foreign limited partnership, a foreign limited 31 
liability partnership, or a foreign limited liability company………………………....……$100 32 
 
 Other documents……………………………………………………………………...	……$6 33 
   	HOUSE BILL 1416 	3 
 
 
 (ii) Except as provided in paragraph (13) of this subsection, for each 1 
of the following documents which are filed but not recorded, the filing fee is as indicated: 2 
 
 Annual report of a Maryland corporation, except a charitable or benevolent 3 
institution, nonstock corporation, savings and loan corporation, credit union, family farm, 4 
and banking institution……………………………………………………………	……………$300 5 
 
 Annual report of a foreign corporation subject to the jurisdiction of this State, except 6 
a national banking association, savings and loan association, credit union, nonstock 7 
corporation, and charitable and benevolent institution…………………..……………… $300 8 
 
 Annual report of a Maryland savings and loan association, banking institution, or 9 
credit union or of a foreign savings and loan association, national banking association, or 10 
credit union that is subject to the jurisdiction of this State………...…………………… $300 11 
 
 Annual report of a Maryland limited liability company, limited liability partnership, 12 
limited partnership, or of a foreign limited liability company, foreign limited liability 13 
partnership, or foreign limited partnership, except a family 14 
farm……………………………………………………………………………………....…	…….$300 15 
 
 Annual report of a business trust………………………………………….…….	……$300 16 
 
 Annual report of a real estate investment trust or foreign statutory trust doing 17 
business in this State………………………………………………………………………	……$300 18 
 
 Annual report of a family farm……………………………………………...……	……$100 19 
 
 (4) For each of the following documents recorded or filed the nonrefundable 20 
processing fee is $100: 21 
 
 (i) Certificate of limited partnership, certificate of limited liability 22 
partnership, articles of organization of a limited liability company, certificate of trust of a 23 
business trust, including certificates of amendment, certificates of reinstatement, and 24 
articles of reinstatement; and 25 
 
 (ii) Any statement filed by a partnership under Title 9A of this 26 
article. 27 
 
 (5) For issuing each of the following certificates, the nonrefundable 28 
processing fee is as indicated: 29 
 
 Type of Instrument ……..……………….......................……..………………...Special Fee 30 
 
 Certificate of status of a corporation, partnership, limited partnership, limited 31 
liability partnership, or limited liability company of this State or of a foreign corporation, 32 
foreign partnership, foreign limited partnership, foreign limited liability partnership, or 33 
foreign limited liability company……..……………….......................……..……………….... .$20 34  4 	HOUSE BILL 1416  
 
 
 
 Certified list of the charter papers of a corporation of this State or any certificates of 1 
a limited partnership, limited liability partnership, or a limited liability company of this 2 
State recorded or filed with the Department……………………...… ……..………………...... $20 3 
 
 Certificate of compliance by a foreign corporation, foreign limited partnership, 4 
foreign limited liability partnership, or foreign limited liability company with requirements 5 
of law in respect of qualification or registration……………………....……..……………….... $20 6 
 
 Certificate of withdrawal of registration or qualification...…….……….….………..$20 7 
 
 Certificate of any paper recorded or filed in the Department’s office………...……..$20 8 
 
 (6) For a duplicate of a certificate mentioned in paragraph (5) of this 9 
subsection which is issued at the same time as the original, the fee is $1, and for a 10 
nonelectronic copy of any other paper recorded or filed with the Department, the fee is $1 11 
per page. 12 
 
 (7) (i) For acceptance of service of process or notice on the Department, 13 
the Department shall charge a fee of $50. 14 
 
 (ii) Each county and Baltimore City is exempt from the fee under 15 
subparagraph (i) of this paragraph. 16 
 
 (8) Subject to § 1–203.2(c) of this subtitle, for processing each of the 17 
following documents on an expedited basis, the additional fee is as indicated: 18 
 
 Recording any document, including financing statements, or submitting for 19 
preclearance any document listed in paragraph (1) or (4) of this subsection, if processing 20 
under § 1–203.2(b)(1) of this subtitle is requested..........................................................$425 21 
 
 RECORDING ANY DOCUMEN T, INCLUDING FINANCING STATEMENTS , OR 22 
SUBMITTING FOR PRECL EARANCE ANY DOCUMENT LISTED IN PARAGRAPH (1) OR (4) 23 
OF THIS SUBSECTION , IF PROCESSING UNDER § 1–203.2(B)(2) OF THIS SUBTITLE IS 24 
REQUESTED..........................................................................................................$1,000 25 
 
 RECORDING ANY DOCUMEN T, INCLUDING FINANCING STATEMENTS , OR 26 
SUBMITTING FOR PRECL EARANCE ANY DOCUMENT LISTED IN PARAGRAPH (1) OR (4) 27 
OF THIS SUBSECTION, IF PROCESSING UNDER § 1–203.2(B)(3) OF THIS SUBTITLE IS 28 
REQUESTED ..........................................................................................................$1,500 29 
 
 Recording any document, including financing statements, or sub mitting for 30 
preclearance any document listed in paragraph (1) or (4) of this subsection, if processing 31 
under § 1 –203.2(b)(1) THROUGH (3) of this subtitle is not 32 
requested……….…….........……….…….........……….…….........……….……........................$50 33 
   	HOUSE BILL 1416 	5 
 
 
 Certificate of status of a corporation, partnership, limited partnership, limited 1 
liability partnership, or limited liability company, or a name reservation………....……..$20 2 
 
 Certified list of the charter documents of a Maryland corporation or any certificate 3 
of a Maryland limited partnership, limited liability partnership, or limited liability 4 
company recorded or filed with the Department.........................................……....……....$20 5 
 
 A copy of any document recorded or filed with the Department, or a corporate 6 
abstract…………………………….........................................................................................$20 7 
 
 Application for a ground rent redemption or a ground rent extinguishment, or 8 
payment of a redemption or extinguishment amount to the former owner of the ground 9 
rent………………………......................................................................................................$50 10 
 
 (9) A nonrefundable processing fee for a request by paper document for an 11 
extension of the date for submitting an annual report under § 14–704 of the Tax – Property 12 
Article is $20. 13 
 
 (10) A nonrefundable processing fee for articles of incorporation of a 14 
nonstock corporation that is organized to operate as a nonprofit entity under § 501(c)(3), 15 
(4), or (6) of the Internal Revenue Code is $150. 16 
 
 (11) A fee for the nonpayment of a check or other negotiable instrument that 17 
was presented to the Department as payment for any of the other fees imposed under this 18 
section is $30. 19 
 
 (12) A nonrefundable processing fee for preclearance of a document or draft 20 
of a document listed in paragraph (1) or (4) of this subsection is $275. 21 
 
 (13) Beginning in fiscal year 2022, the Department shall waive the filing fee 22 
for a business entity described under paragraph (3)(ii) of this subsection for each year that 23 
the entity provides evidence to the Department that: 24 
 
 (i) The entity is required to comply with and is in compliance with 25 
Title 12 of the Labor and Employment Article; or 26 
 
 (ii) The entity otherwise provides an employer–offered savings 27 
arrangement, as defined in § 12–101(e) of the Labor and Employment Article, that is in 28 
compliance with federal law. 29 
 
 (14) There is no processing fee for documents filed to dissolve, cancel, or 30 
terminate an entity under this subsection. 31 
 
 (c) For each fee identified under subsection (b) of this section as nonrefundable, 32 
the Department shall adopt regulations to specify the conditions under which the fee shall 33 
be nonrefundable and the conditions under which the fee may be applied to a resubmission 34 
of a document for filing, recording, or processing. 35  6 	HOUSE BILL 1416  
 
 
 
 (d) The fees collected under subsection (b)(8) and (12) of this section shall be 1 
credited to the fund established under § 1–203.3 of this subtitle. 2 
 
 (e) Of the $150 collected under subsection (b)(10) of this section, $50 shall be 3 
credited to the Maryland Nonprofit Development Center Program Fund established under 4 
§ 5–1204 of the Economic Development Article. 5 
 
1–203.2. 6 
 
 (a) On payment of the APPLICABLE fee provided in § 1–203(b)(8) of this subtitle, 7 
the Department shall process documents on an expedited basis as provided in subsection 8 
(b) of this section. 9 
 
 (b) Subject to subsection (c) of this section, the Department shall: 10 
 
 (1) Process documents filed with the Department at least 2 hours before 11 
the Department’s close of business within 2 hours after the documents are received; [and] 12 
 
 (2) PROCESS DOCUMENTS FIL ED WITH THE DEPARTMENT AT LEAST 13 
1 HOUR BEFORE THE DEPARTMENT ’S CLOSE OF BUSINESS WITHIN 1 HOUR AFTER 14 
THE DOCUMENTS ARE RE CEIVED; 15 
 
 (3) PROCESS DOCUMENTS FIL ED WITH THE DEPARTMENT AT LEAST 16 
30 MINUTES BEFORE THE DEPARTMENT ’S CLOSE OF BUSINESS WITHIN 30 MINUTES 17 
AFTER THE DOCUMENTS ARE RECEIVED ; AND 18 
 
 [(2)] (4) To the extent practicable, process all other documents on the 19 
same day that the documents are received. 20 
 
 (c) (1) The Department shall adopt regulations governing the manner of filing 21 
and processing of documents on an expedited basis, including reasonable limitations on 22 
filing documents of unusual volume or length. 23 
 
 (2) The Department may: 24 
 
 (i) Adopt regulations establishing: 25 
 
 1. Expedited document processing tiers; or 26 
 
 2. Additional methods of expedited document processing; 27 
and 28 
 
 (ii) Charge reasonable fees for services provided in accordance with 29 
this paragraph. 30 
   	HOUSE BILL 1416 	7 
 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 
October 1, 2025. 2