Section 12-207 - Amendments to and restatements of articles of organization. - Maryland Statutes

§ 12-207. Amendments to and restatements of articles of organization.
 

(a)  Requirements.- Articles of amendment or restatement of articles of organization of an authority must be: 

(1) recommended in writing by the chief elected official; 

(2) if required by subsection (d) of this section, approved by a resolution of the board of commissioners of the authority; and 

(3) adopted by a resolution or ordinance of the legislative body. 

(b)  Compliance required.- An amendment or restatement of articles of organization shall comply with § 12-205(b) through (d) of this subtitle. 

(c)  Change in number of commissioners or terms prohibited.- A political subdivision may not amend the articles of organization to change the number of commissioners of an authority or the length of terms of commissioners stated in the initial articles of organization. 

(d)  Amendments to articles of organization of pre-existing authority.- A political subdivision may not amend the articles of organization of a pre-existing authority without the approval of the board of commissioners of the pre-existing authority. 

(e)  Filings by custodian of records.- The custodian of records shall file with the Secretary of State: 

(1) a copy of the articles of amendment or restatement, the recommending and adopting instruments required by subsection (a)(1) and (3) of this section, and any approving instrument required by subsection (a)(2) of this section; 

(2) the certification of the custodian of records that the articles of amendment or restatement have been recommended and adopted by the political subdivision in accordance with the requirements of subsection (a)(1) and (3) of this section; and 

(3) if required by subsection (a)(2) of this section, the certification of the secretary of the authority that the articles of amendment or restatement have been approved by the board of commissioners of the authority in accordance with the requirements of subsection (a)(2) of this section. 

(f)  Issuance of certificate of approval.-  

(1) If the Secretary of State finds that the requirements of subsections (a) and (e) of this section have been met, the Secretary of State shall endorse the articles of amendment or restatement as "approved" and issue an attached certificate of approval. 

(2) On issuance of the certificate of approval, the articles of amendment or restatement as filed are considered to have been adopted. 
 

[An. Code 1957, art. 44A, § 1-206; 2006, ch. 63, § 2.]