Maryland Code § CA-8-301

Section CA-8-301
Open in Lexace · Ask the AI about this section
A real estate investment trust has the power to:
(1) Unless the declaration of trust provides otherwise, have
perpetual existence unaffected by any rule against perpetuities;
(2) Sue, be sued, complain, and defend in all courts;
(3) Transact its business, carry on its operations, and exercise the
powers granted by this title in any state, territory, district, or possession of the United
States and in any foreign country;
(4) Make contracts and guarantees, incur liabilities, and borrow
money;
(5) Sell, mortgage, lease, pledge, exchange, convey, transfer, and
otherwise dispose of all or any part of its assets;
(6) Issue bonds, notes, and other obligations and secure them by
mortgage or deed of trust of all or any part of its assets;
(7) Acquire by purchase or in any other manner and take, receive,
own, hold, use, employ, improve, encumber, and otherwise deal with any interest in
real and personal property, wherever located;

(8) Purchase, take, receive, subscribe for, or otherwise acquire, own,
hold, vote, use, employ, sell, mortgage, loan, pledge, or otherwise dispose of and deal
in and with:
(i) Securities, shares, and other interests in any obligations of
domestic and foreign corporations, other real estate investment trusts, associations,
partnerships, and other persons; and
(ii) Direct and indirect obligations of the United States, any
other government, state, territory, government district, and municipality, and any
instrumentality of them;
(9) Elect or appoint trustees, officers, and agents of the trust for the
period of time the declaration of trust or bylaws provide, define their duties, and
determine their compensation;
(10) Adopt and implement employee and officer benefit plans;
(11) Make and alter bylaws not inconsistent with law or with its
declaration of trust to regulate the government of the real estate investment trust
and the administration of its affairs;
(12) Exercise these powers, including the power to take, hold, and
dispose of the title to real and personal property in the name of the trust or in the
name of its trustees, without the filing of any bond, except a bond required under §
8-204 of this title;
(13) Generally exercise the powers set forth in its declaration of trust
which are not inconsistent with law and are appropriate to promote and attain the
purposes set forth in its declaration of trust;
(14) Enter into a business combination subject to the provisions of
Title 3, Subtitle 6 of this article;
(15) Indemnify or advance expenses to trustees, officers, employees,
and agents of the trust to the same extent as is permitted for directors, officers,
employees, and agents of a Maryland corporation under § 2-418 of this article; and
(16) Renounce, in its declaration of trust or by resolution of its board
of trustees, any interest or expectancy of the real estate investment trust in, or in
being offered an opportunity to participate in, business opportunities or classes or
categories of business opportunities that are:

(i) Presented to the real estate investment trust; or
(ii) Developed by or presented to one or more of its trustees or
officers.

‹ Prev All Maryland sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.