Section 12-302 - Liability; defenses.

§ 12-302. Liability; defenses.
 

(a)  Limitation of liability.- Except as provided in the governing instrument of a statutory trust, the beneficial owners shall be entitled to the same limitation of personal liability extended to stockholders of a Maryland corporation formed under Title 2 of this article. 

(b)  Usury defenses.-  

(1) Neither an obligation of a beneficial owner or trustee of a statutory trust to the statutory trust arising under the governing instrument or a separate agreement in writing, or a note, instrument, or other writing evidencing any such obligation of a beneficial owner or trustee, shall be subject to the defense of usury. 

(2) A beneficial owner or trustee may not interpose the defense of usury with respect to any obligation identified in paragraph (1) of this subsection in any action. 
 

[1999, ch. 452; 2010, ch. 611, § 1.]