Md. Code Regs. 24.05.03.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 24.05.03.04 - Applications for Certificate of Eligibility for Tax Credit - Required Supporting Documents and Statements

An applicant shall submit to the Department an application that includes:

A. If the applicant is a corporation or limited liability company:

(1) Its legal name and the street and mailing address of its principal place of business and the applicant's email address and telephone number;

(2) A certified copy of its articles of incorporation, articles of organization, or other organizational documents, and all amendments to them;

(3) A certificate of good standing from the Maryland Department of Assessments and Taxation dated within 30 days of the date the application is filed, unless the applicant is not required to qualify or register to do business in the State of Maryland;

(4) The names and business addresses of its officers and directors; and

(5) The names and addresses of each of its shareholders or members who hold shares directly or indirectly or ownership interests of any class representing 5 percent or more of the total equity capital of the applicant.

B. If the applicant is a foreign entity in the nature of a stock corporation or limited liability company:

(1) All of the information required under §A of this regulation; and

(2) A certificate or other similar document, translated if necessary into standard English, from the appropriate official of the jurisdiction under the laws of which it is organized, attesting that it is duly organized, legally existing, and in good standing under the laws of that jurisdiction, and dated within 30 days before the date on which the application is filed.

C. If the applicant is a partnership, limited liability partnership, or limited partnership, or similar entity:

(1) A copy of its partnership agreement, and all amendments to it, certified as to completeness and accuracy by a general partner or a managing member;

(2) If applicable, a certified copy of its certificate of limited partnership or other similar publicly filed organizational document and all amendments or supplements to it; and

(3) The names and business addresses of its general partners or managing members.

D. If applicable, and if the applicant is a foreign limited partnership, limited liability partnership, or similar entity:

(1) All of the information required under §C of this regulation; and

(2) A certificate or other similar document, translated if necessary into standard English, from the appropriate official of the jurisdiction under the laws of which it is organized, attesting that it is duly organized, legally existing, and in good standing under the laws of that jurisdiction, and dated within 30 days before the date on which the application is filed;

E. The full legal name of the qualified Maryland biotechnology company in which an investment is proposed to be made;

F. The federal employer identification number of the qualified Maryland biotechnology company in which an investment is proposed to be made;

G. A conformed copy of the Certificate of the Department that the qualified Maryland biotechnology company in which an investment is proposed to be made is a qualified Maryland biotechnology company; and

H. If the qualified Maryland biotechnology company in which an investment is proposed to be made has not been certified by the Department as a qualified Maryland biotechnology company, a verified application for certification as a qualified Maryland biotechnology company by and on behalf of the company in which the proposed investment is to be made, on a form approved by the Department under Regulation .13 of this chapter, setting forth the information and accompanied by the documents required by the Department in Regulation .13 of this chapter and in the instructions to that application.

Md. Code Regs. 24.05.03.04

Regulations .04 adopted effective September 17, 2012 (39:18 Md. R. 1197)