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Session Laws, 1985
Volume 760, Page 463   View pdf image
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HARRY HUGHES, Governor

463

(B)  ARTICLES OF TRANSFER.

"ARTICLES OF TRANSFER" HAS THE MEANING STATED IN § 1-101(C)
OF THE CORPORATIONS AND ASSOCIATIONS ARTICLE.

REVISOR'S NOTE: This subsection is new language added to
incorporate the meaning of "articles of transfer" as
used in the Corporations and Associations Article.

"Articles of transfer" is defined in  CA § l-101(c) as

follows: "'Articles of transfer'     means articles of

sale, articles of lease, articles of     asset exchange,
or articles of transfer".

As to "assets" and "transfer assets", see CA §
l-101(d) and (v), respectively.

(C)  INSTRUMENT OF WRITING.

(1)  "INSTRUMENT OF WRITING" MEANS A WRITTEN
INSTRUMENT THAT CONVEYS TITLE TO, OR A LEASEHOLD INTEREST IN REAL
PROPERTY.

(2)  "INSTRUMENT OF WRITING" INCLUDES:

(I)  A DEED OR CONTRACT;

(II)  A LEASE;

(III)  AN ASSIGNMENT OF A LESSEE'S INTEREST; AND

(IV)  ARTICLES OF TRANSFER.

(3)  "INSTRUMENT OF WRITING" DOES NOT INCLUDE:

(I)  A MORTGAGE, DEED OF TRUST, OR OTHER
CONTRACT THAT CREATES AN ENCUMBRANCE ON REAL PROPERTY; OR

(II)  A SECURITY AGREEMENT, AS DEFINED IN §
12-101 (F)(E) OF THIS ARTICLE.

REVISOR'S NOTE: Paragraphs (1), (3), and (2)(ii) -- except
for the reference to a term of years above 7 years
and (iv) of this subsection are new language derived
without substantive change from the second sentence of
former Art. 81, § 278A(a), and the first sentence, as
that sentence enumerated the instruments subject to
tax under this title.

Paragraph (2)(i) and (iii) of this subsection is new
language added to conform to current practice and to
the definition of "instrument of writing" in § 12-101
of this article.

In paragraph (2)(iv) of this subsection, the defined

 

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Session Laws, 1985
Volume 760, Page 463   View pdf image
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