Maryland § 5-401

Full text of Maryland Maryland Code § 5-401, with citation guidance and answers to common questions.

§ 5-401.

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

    (b)    “Affiliate” means any association, corporation, business trust, statutory trust, or other similar organization that:

        (1)    Is not a bank service corporation and is controlled by a banking institution through:

            (i)    Direct or indirect ownership or control of more than 50 percent of the voting rights;

            (ii)    Control of the election of a majority of the management;

            (iii)    Direct or indirect ownership or control of more than 50 percent of the voting rights exercised at the last election of the management;

            (iv)    Directors of the banking institution constituting a majority of the management of the organization; or

            (v)    Any direct or indirect control by stockholders of the banking institution, if the stockholders own or control:

                1.    More than 50 percent of the voting rights in the banking institution; or

                2.    More than 50 percent of the voting rights exercised at the last election of directors of the banking institution; or

        (2)    Controls a banking institution through:

            (i)    Direct or indirect ownership or control of more than 50 percent of the voting rights;

            (ii)    Control of the election of a majority of the directors of the banking institution;

            (iii)    Direct or indirect ownership or control of more than 50 percent of the voting rights exercised at the last election of the directors; or

            (iv)    The holding of substantially all of the capital stock of the banking institution by trustees for stockholders of the organization.

    (c)    “Bank service corporation” means a corporation:

        (1)    At least some of the stock of which is owned by a banking institution; and

        (2)    That is organized to perform bank service corporation activities of the type permitted under applicable provisions of Title 12 of the United States Code to a bank service corporation owned exclusively by national banking associations.

    (d)    “Management” means the directors, trustees, or other persons exercising similar functions of an association, corporation, business trust, statutory trust, or other similar organization.

Frequently Asked Questions About Maryland § 5-401

What does Maryland Code § 5-401 cover?

Section 5-401 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 § 5-401?

A common citation format is "Maryland Code § 5-401" (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 § 5-401 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.