Maryland Limitation on Disposition of Securities Memorandum

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Control #:
US-TC1015
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Description

The purpose of this memorandum is to review certain reporting and disclosure requirements, and certain restrictions that may limit the disposition of securities of the company held by its officers, directors and principal shareholders, which are imposed by the Securities Act of 1933, the Securities and Exchange Act of 1934, and the rules of the Securities and Exchange Commission thereunder. This memorandum is prepared for the management of the company and should be treated as a confidential communication between the company and its counsel.

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Generally, unless the estate includes real property which needs to be sold, requires the filing of a U.S. Estate Tax Return, or is tied up in litigation, a regular estate proceeding may be closed after the period for filing creditor claims expires (six months from the date of death).

(a) Presumption of Openness. Judicial records are presumed to be open to the public for inspection. Except as otherwise provided by the Rules in this Chapter or by other applicable law, the custodian of a judicial record shall permit a person to inspect a judicial record in ance with Rules 16-922 through 16-924.

Local Rule 705.4 is amended to allow the Court to deny a petition for reinstatement without a hearing if the Court's Disciplinary and Admissions Committee finds, on the basis of the papers filed, that reinstatement is not appropriate and a hearing is not necessary.

Admin. 16-901. Except as expressly provided or limited by other Rules, the Rules in this Chapter govern public access to judicial records, whether in paper or electronic form, that are in the custody of a judicial agency, judicial personnel, or a special judicial unit.

No trials or other court proceedings shall be conducted when the court is closed pursuant to section (a) of this Rule except when ordered by (1) the Chief Justice of the Supreme Court or (2) a judge of the particular court in an emergency or as the public welfare may require.

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Under Rule 16-1009(a)(1)(B), a party to an action in which a case record is filed and a person who is the subject or is specifically identified in a case record may file a motion to permit inspection of a case record filed in that action that is not otherwise shielded from inspection under the access rules.

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Maryland Limitation on Disposition of Securities Memorandum