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MARYLAND

§ 5-305. Conveyance of assets on formation of religious corporation.

If a church forms a religious corporation, any assets held in trust for the church by any person shall be conveyed immediately to the religious corporation.

[An. Code 1957, art. 23, § 267; 1975, ch. 311, § 2.]
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5-209. Disposition of property of charitable or religious corporations by court.

(a) In general.- If a charitable or religious corporation is or is about to be dissolved, or for any reason it is impracticable or inexpedient to continue the corporation's activities, a circuit court may order the disposition of corporate property that:

(1) Is not needed to pay the corporation's debts; and

(2) (i) Is not subject to valid requirements for its return to the donor or the donor's successor in interest by reason of the cessation of corporate activities; or

(ii) Is not claimed by the donor or the donor's successor in interest after receiving the notice provided for in subsection (b) of this section.

(b) Notice.- Notice of the substance and purpose of the complaint or petition shall be given to the donor of the property or the donor's successor in interest by personal service or by publication in the manner the court directs.

(c) Transfer of property to another corporation or association.- To the extent possible, the court shall direct or provide for the transfer of the corporation's property to another corporation or association having a similar or analogous character or purpose, or associated or connected with the corporation.

(d) Intent of section.- The intent of this section is that the circuit court may exercise the judicial power of cy-pres to fulfill, despite a change in circumstances, the general intention of the donor of the property for the use of the gift.

[An. Code 1957, art. 16, § 127; 1997, ch. 31, § 1; 1998, ch. 21, § 1.]
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§ 5-317. Conveyance of assets on formation of religious corporation.

In addition to the requirements of § 5-305 of this subtitle, if a congregation forms a religious corporation under this part, any gift, devise, or bequest made to and intended to enure to the benefit of the congregation enures to the benefit of the religious corporation, whether or not the religious corporation was designated or described accurately in the gift, devise, or bequest.

[1976, ch. 487, § 5.]

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