Maryland § 12-101

Full text of Maryland Maryland Code § 12-101, with citation guidance and answers to common questions.

§ 12-101.

    (a)    In this title the following words have the meanings indicated.

    (b)    “Beneficial owner” means any owner of record of a beneficial interest in a statutory trust, the fact of ownership to be determined and evidenced, whether by means of registration, the issuance of certificates or otherwise, in conformity to the applicable provisions of the governing instrument of the statutory trust.

    (c)    “Foreign business entity” means:

        (1)    A foreign statutory trust; or

        (2)    A corporation, general or limited partnership, common–law trust, limited liability company, real estate investment trust, or any other unincorporated business formed, organized, or existing under the laws of another state, the United States, a foreign country, or other foreign jurisdiction.

    (d)    “Foreign statutory trust” means a trust that is:

        (1)    Formed under the laws of another state, the United States, a foreign country, or other foreign jurisdiction; and

        (2)    Required by the laws of the jurisdiction in which it is formed to file a record with a public official in that jurisdiction.

    (e)    “Governing instrument” means a declaration of trust or other trust instrument which provides for the governance of the affairs of a statutory trust and the conduct of its business.

    (f)    (1)    “Other business entity” means a corporation, a general or limited partnership, a common–law trust, a limited liability company, a real estate investment trust, or any other unincorporated business.

        (2)    “Other business entity” does not include a statutory trust.

    (g)    “Person” means a natural person, partnership, limited partnership, limited liability company, trust, estate, association, corporation, custodian, nominee, or any other individual or entity in its own or any representative capacity.

    (h)    (1)    “Statutory trust” means an unincorporated business, trust, or association that is:

            (i)    Formed by filing an initial certificate of trust under § 12–204 of this title; and

            (ii)    Governed by a governing instrument.

        (2)    “Statutory trust” includes a trust formed under this title on or before May 31, 2010, as a business trust, as the term business trust was then defined in this title.

    (i)    (1)    “Trustee” means the person appointed as a trustee in accordance with the governing instrument of a statutory trust.

        (2)    “Trustee” may include a beneficial owner of a statutory trust.

Frequently Asked Questions About Maryland § 12-101

What does Maryland Code § 12-101 cover?

Section 12-101 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 12-101?

A common citation format is "Maryland Code § 12-101" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 12-101 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.