United States · Maryland

Directors' resolutions requirements in Maryland (MGCL)

What a Maryland corporation must know about directors' resolutions requirements under Maryland General Corporation Law, Md. Code, Corps. & Ass'ns §§ 1-101 et seq..

Governing statute
Maryland General Corporation Law, Md. Code, Corps. & Ass'ns §§ 1-101 et seq.
MGCL § 2-408Action without meeting
MGCL § 2-407Meetings
MGCL § 2-419Interested director transactions
MGCL § 2-405.1Standard of care — distinctive MD provision
At a glance
  • Action by unanimous written consent in lieu of a meeting is permitted under all 50 states' MBCA-framework statutes
  • Effective on the date of the last signature, unless otherwise specified
  • Conflict-of-interest rules require disclosure plus safe-harbor approval
  • Resolutions filed in the corporate records; available for shareholder inspection under state rules
  • Electronic signatures permitted under each state's UETA-equivalent legislation

What the MGCL requires

Maryland General Corporation Law § 2-408 permits Maryland corporations to act by unanimous written consent of directors. Maryland's distinctive director-duties provision under § 2-405.1 gives directors broad protection in business judgment.

Maryland-specific considerations

Maryland's MGCL has distinctive heritage and pre-dates the modern MBCA framework. Maryland counsel should review specific resolution drafts, certificate forms, and inspection demands to ensure compliance with Maryland-specific rules.

Practical implications

The general principles (records must be maintained, shareholders have inspection rights, annual filings are required) remain similar to MBCA-tradition US jurisdictions, but the exact procedural details merit specific Maryland counsel review.

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