(a) Whenever securities are deposited or exchanged, or tendered for deposit or exchanged by a fiduciary under a reorganization agreement or plan of reorganization, a committee formulating, proposing, or carrying out a plan or soliciting deposits or exchanges under an agreement or plan, any depositary with or through which the deposit or exchange of securities may be made, solicited, requested or permitted, and a person to whom or to which securities are to be delivered pursuant to an agreement or a plan, may accept, receive, hold and ultimately dispose of the securities in accordance with the authorization or instructions of the fiduciary depositing or exchanging securities or tendering them for deposit or exchange under a reorganization agreement or plan of reorganization, without an obligation to inquire whether a fiduciary is authorized to make a deposit or exchange or is committing a breach of the obligation as fiduciary in so doing.
(b) No committee, depositary, or ultimate recipient is liable in any way of any kind to a person for an action taken, suffered, or permitted with respect to securities in accordance with the authorization or instructions given by a fiduciary depositing or exchanging the securities or tendering the securities for deposit or exchange, unless the committee, depositary, or ultimate recipient has actual knowledge that a fiduciary is committing a breach of fiduciary trust in making the deposit or exchange, or has knowledge of facts that the action or conduct of the committee, depositary, or ultimate recipient amounts to bad faith.
Structure Maryland Statutes
Subtitle 1 - General Provisions
Section 15-102 - Powers of a Fiduciary
Section 15-103 - Securities Under Reorganization
Section 15-104 - Fiduciary Authorized to Deposit Securities With Securities Clearing Corporation
Section 15-105 - Agreement of Fiduciary and Surety for Deposit of Assets
Section 15-106 - Lawful Investments
Section 15-107 - Survival of Power When Right Given One or More Fiduciaries
Section 15-108 - Protection When Distribution Made in Conformity With Order of Court
Section 15-109 - Release of Fiduciary to Whom Property Transferred by Another
Section 15-110 - Enforcement of Order to Give Countersecurity
Section 15-111 - Resignation of Fiduciary
Section 15-112 - Removal of Fiduciary
Section 15-113 - Joint and Several Liability of Trust Company Affiliates
Section 15-114 - Guidelines and Standards for Investment of Assets
Section 15-115 - Corporations That Act as Fiduciaries Not Liable as Sureties