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of Public Civil Laws (1912) owned by an ordinary business corporation shall be valued and assessed in the manner and taxes shall be paid thereon at the rate provided in said Article Si, Section 214, as if owned by a natural person.*
Code (vol. 3) art. 23, sec 880. 1914, ch. 324, sec. 88D.
1916, ch. 604, sec. 88D. 880. From and after the expiration of the year 1914, every such business corporation, except charitable, benevolent and fraternal institutions, shall pay annually to the State Treasurer on or before the first day of May in each year succeeding the date of its incorporation, an annual tax for its franchise to be a corporation (in addition to any tax now imposed by law) at the following rate, that is to say:
On the amount of its capital stock issued and outstanding on the first day of the preceding January, for the first five thousand dollars or less, the sum of ten dollars; for every one thousand dollars, or fractional part thereof, in excess of said five thousand dollars up to and not greater than fifty thousand dollars, the additional sum of one dollar; for every additional fifty thousand dollars or fractional part thereof in excess of said fifty thousand dollars up to and not greater than five hundred thousand dollars, the sum of twenty-five dollars; if the amount of such capital stock is more than five hundred thousand dollars, and not more than five million dollars, there shall be an additional annual franchise tax on such excess over five hunderd thousand dollars at the rate of two hundred and fifty dollars for every one million dollars or fractional part thereof; and on every one million dollars in excess of five million dollars, the additional tax on such excess shall be at the rate of one hundred dollars for each million dollars or fractional part thereof. And for the purpose of this section the entire authorized capital stock of such corporation, as shown by the charter, certificate of incorporation or any amendment thereof, shall be taken as issued, unless on or before the first day of March in each and every year the corporation shall file with the State Tax Commissioner a certificate signed and sworn to by two of its directors, showing the actual number of its out
* See Art. III, sec. 51, of the Constitution.
standing shares as of the first day of the preceding January. The Comptroller shall annually on or before the first day of April in each year, transmit to such corporation a bill for the amount of its franchise tax, and such tax shall be payable on or before the first day of May following, and shall bear interest thereafter; if such Tax shall not be paid before the first day of November following, a penalty of ten per cent. on the amount thereof shall be added, and the Comptroller shall place the bill therefor in the hands of the Attorney-General for collection by suit in the name of the State, and the failure of any such corporation to pay such tax, interest and penalty shall constitute a cause for forfeiture, for which dissolution proceedings may be instituted as above provided by this Article.
Code (vol. 3) art. 23, sec. 88E. 1914, ch. 324, sec. 88E. 88E. One-half of the annual tax for the franchise provided for by Section 88-D of this Article, together with the interest and penalty, if any, shall be held by the Treasurer for the use of the State, and the other half shall be paid by him forth with to the county or city according to the number of shares held by the reisdents of such county or city.
Ibid, sec. 88F.
88F. Excepting ordinary business corporations, all corporations of this State, including their franchises, shares and property, and national banks located in this State, shall remain and be subject to taxation, as now is or hereafter may be provided by law, and nothing herein shall be construed to exempt an ordinary business corporation from the payment of any license tax or charge imposed by law.
1916, ch. 596, sec. 15, par. 88G. 886. All railroad companies, whose roads are worked by steam, electric or other power, street and passenger railways, steamship and steamboat companies, and all other common carriers, telegraph, cable, telephone, express, transportation, parlor car, sleeping car, and oil pipe companies, turnpike companies, bridge companies and sewage disposal companies, electric light, electric construction, heating, refrigerating, water and gas companies, which by their charters are prohibited from constructing, maintaining or operating their properties, lines or works within the State, shall, for the purposes of Sections 88-B to 88-F, inclusive, of this Article, be ordinary business corporations and are hereby so defined; provided, however, that nothing in this section shall be taken or construed as classifying any of the above mentioned corporations as ordinary business corporations, if such corporations construct, maintain or operate properties, lines or works within the State.
1916, ch. 596, sec. 15, par. 88H. 88h. Payments of any taxes or fees, payable to the State Tax Commission under the provisions of this Article, shall be made in cash or in such other form as shall be acceptable to said State Tax Commission. Any payment of a bonus tax to the said State Tax Commission, State Tax Commissioner or Secretary of State, heretofore or hereafter made, shall, as far as the corporation in respect of whose shares the same is paid is concerned, be deemed and taken to be payment of said bonus tas to the State Treasurer.
Consolidation of Non-Stock Corporations. 1904, art. 23, sec. 47. 1896, ch. 410, sec. 39B. 1908, cb. 240, sec. 64.
89. Any educational, charitable or other corporation formed under the provisions of this Article and having no capital stock, or any corporation formed for the operation and maintenance of educational, moral, scientific, literary, dramatic, social, be. nevolent or beneficial societies of any description, or formed for any religious object or for maintaining fire engine and hose companies, or uniformed volunteer companies, or for conducting and carrying on universities, colleges, academies, hospitals oi asylums and having no capital stock, may unite with corporations incorporated for a similar purpose and having no capital stock, provided that the majority of the members of each of the corporations forming such union shall assent thereto; suci union or consolidation shall be made upon such terins and conditions and shall have such name as shall be agreed upon by said corporations forming such union; a certificate of such union or consolidation and the provisions thereof shall be executed by the said corporations and be acknowledged and recorded as other certificates of incorporation are in this Article directed to be acknowledged and recorded, and thereupon all the property and assets belonging to said former separate corporations and all their powers and rights and all the debts and liabilities of said former separate corporations shall be devolved upon said new consolidated corporation, and every devise or bequest in favor of either of the former separate corporations which it would have been capable of taking shall devolve upon said new consolidated corporations, which shall be regarded as substituted by operation of law in the place and stead of saiil former separate corporations.
1908, ch. 240, sec. 65. 90. The term, foreign corporation, as used in this article, shall mean every corporation, association or organization, other than a national bank, which has been established, organized or chartered under laws other than those of this State.
1908, ch. 240, sec. 66. 91. No foreign corporation shall engage or continue in any kind of business in this State, the transaction of which by domestic corporations is not permitted by the laws thereof. And every foreign corporation doing business in this State shall be deem thereby to have assented to all the provisions of the laws thereof.*
1904, art. 23, secs. 411 and 412. 1888, art. 23, secs. 297 and 298. 1868,
ch. 417, secs. 211 and 212. 1908, ch. 210, sec. 67. 92. Any person or corporation, whether a resident or a nonresident of this State, may sue any foreign corporation regularly doing business or regularly exercising any of its franchises herein for any cause of action. Such suit may be brought in any county or in the City of Baltimore, as the case may be, where its principal office in this State, named in the certificate provided for by the next succeeding section of this Article, is located or where it regularly transacts business or exercises its
Patapsco Electric Co. vs. Baltimore, 110 Md. 306, 72 Atl. 1039; Hannis Distilling Co. vs. Baltimore City, 114 Md. 678 ; Central of Ga. R. R. vs. Eichberg, 107 Md. 363, 372.
franchises, or in a local action, where the subject matter there of lies; and a corporation acting as surety may be sued wherever a similar corporation of this State could be sued under the provisions of Section 87 of this Article. Process may be directed to the sheriff, constable or other proper officer of any county or of the City of Baltimore, returnable to the Clerk of the Court out of which, or to the justice of the peace by which the same was issued, and may be served as follows: If such corporation has a resident agent authorized and prepared to accept service as provided by Section 93 of this Article, such process shall be served upon him. If the corporation has no resident agent so authorized and prepared, process may be served (subject to the special provision for insurance companies and fraternal beneficiary societies, orders or associations hereinafter mentioned) upon any president, manager, director, ticket agent or officer of the corporation, or upon any agent or other person in its service. In all cases, however, a copy of the process shall be left with the person upon whom it is served; and where process is served upon any person other than the resident agent, president, director or other officer of the corporation, a copy of the process shall also be left at its principal office in this State, if there be one named as aforesaid. foreign corporation shall, after incurring liability in this State or after making any contract with a resident thereof, cease to do business or to have such resident agent or a president, director, manager or other officer herein, then and in such case suit may be brought in the county or city in which the plaintiff resides and process may be served upon any person in this State who was last a resident agent, president, director, manager or other officer of such corporation in this State; provided, however, that a copy of such process shall also be served on the president or some director of such foreign corporation wherever he may be found, and an affidavit of such service may be made by the person serving the same (whether he be a resident or a nonresident of this State) before any officer authorized by the laws of this State to take the acknowledgment of deeds to be rec: orded therein. And the affidavit showing such service and the time thereof shall be returned to the Court in which the suit against such foreign corporation is pending. Nothing herein