2013 Maryland Code
CORPORATIONS AND ASSOCIATIONS
§ 12-101 - Definitions

§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, limited liability company, 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.

§ 12-101 - 1. Presumption of business trust

The use of the designation "business trust" or a statement in a certificate of trust or governing instrument executed on or before May 31, 2010, to the effect that a trust is or will qualify as a Maryland business trust within the meaning of or in accordance with this title may not create a presumption or an inference that the trust is a business trust for purposes of Title 11 of the United States Code.