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Maine Statutes, Title 31

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Maine/Statutes

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Title 31, Title 31

11 chapters · 339 sections in this title.

All chapters in Title 31339 Ch 19, Chapter 19112 Ch 21, Chapter 21103 Ch 17, Chapter 1764 Ch 15, Chapter 1552 Ch 1, Chapter 18

52 sections·Filtered byTitle 31✕Ch 15✕

31 M.R.S. § 801 Short title
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This Act is known and may be cited as the "Maine Limited Liability Partnership Act."
31 M.R.S. § 802-A Definitions
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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 302, §16 (NEW).] 1. Deliver; delivery. "Deliver" or "delivery" means any method of delivery used in conventional commercial practice, including delivery …
31 M.R.S. § 803-A Registered limited liability partnership name
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1. Requirements. A limited liability partnership name must contain the words "Limited Liability Partnership," the abbreviation "L.L.P." or the designation "LLP" unless the partnership is filing an assumed name under section 805‑A or a registration of name under section 806‑A. If …
31 M.R.S. § 804-A Reserved name
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1. Reserve use of name. A person may reserve the exclusive use of a limited liability partnership name, including an assumed or fictitious name, by executing and delivering for filing an application to the Secretary of State. The application must set forth the name and address of…

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31 M.R.S. § 805-A Assumed or fictitious name of limited liability partnership

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1. Assumed name defined. As used in this section, "assumed name" means a trade name or any name other than the real name of a limited liability partnership except a fictitious name. 2. Fictitious name defined. As used in this section, "fictitious name" means a name adopted by a f…

31 M.R.S. § 806-A Registered name of foreign limited liability partnership

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1. Register limited liability partnership name. A foreign limited liability partnership may register its limited liability partnership name if the name is distinguishable on the records of the Secretary of State pursuant to section 803-A. 2. Application. To register its limited l…

31 M.R.S. § 807-A Registered agent of limited liability partnership

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Each registered limited liability partnership must have and shall continuously maintain a registered agent in this State as defined in Title 5, chapter 6-A.

31 M.R.S. § 808-A Grounds for revocation of registered limited liability partnership's status

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Notwithstanding Title 4, chapter 5 and Title 5, chapter 375, the Secretary of State may commence a proceeding under section 808‑B to revoke the status of a partnership as a registered limited liability partnership if: [PL 2003, c. 631, §67 (NEW).] 1. Nonpayment of fees, penalties…

31 M.R.S. § 808-B Procedure for and effect of revocation

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1. Notice of determination to revoke partnership's status as registered limited liability partnership. If the Secretary of State determines that one or more grounds exist under section 808-A for revoking a partnership's status as a registered limited liability partnership, the Se…

31 M.R.S. § 808-C Reinstatement following revocation

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1. Application for reinstatement. A partnership whose status as a registered limited liability partnership has been revoked under section 808-B may apply to the Secretary of State for reinstatement within 6 years after the effective date of revocation. The application must: A. St…

31 M.R.S. § 808-D Appeal from denial of reinstatement

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1. Denial of reinstatement. If the Secretary of State denies a partnership's application for reinstatement following revocation, the Secretary of State shall serve the domestic limited liability partnership under section 808-B, subsection 8 with a written notice that explains the…

31 M.R.S. § 808-E Reinstatement of registered limited liability partnership status

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1. Reinstatement after revocation. A partnership whose status as a registered limited liability partnership that was revoked before July 1, 2004 may apply to the Secretary of State for reinstatement and the reinstatement may be granted, if: A. The Secretary of State determines th…

31 M.R.S. § 809-A Service of process upon registered limited liability partnership

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Service of process, notice or demand required or permitted by law on a registered limited liability partnership is governed by Title 5, section 113.

31 M.R.S. § 810 Service of nonresident partners of registered limited liability partnerships

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1. Secretary of State; agent to receive service. Each partner of a registered limited liability partnership who is a nonresident of this State or who becomes a nonresident is deemed to have appointed the Secretary of State as an agent to receive service of process upon that partn…

31 M.R.S. § 811 Nature of professional limited liability partnership business

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A limited liability partnership may be registered under this Act for any lawful purpose. A professional limited liability partnership, as defined in Title 13, section 723, subsection 6, is subject to the Maine Professional Service Corporation Act except as follows. [PL 2005, c. 5…

31 M.R.S. § 812 Rules

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The Secretary of State may adopt rules consistent with this chapter pertaining to the filing of documents with the Secretary of State. These rules may include, but are not limited to: [PL 1995, c. 633, Pt. B, §1 (NEW).] 1. Forms. Prescribing forms for documents required or permit…

31 M.R.S. § 813 Expedited service

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The Secretary of State may provide an expedited service for the processing of documents in accordance with this chapter. If the service is provided, the Secretary of State shall establish by rule a fee schedule and governing procedures in accordance with the Maine Administrative …

31 M.R.S. § 814 Access to database

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The Secretary of State may provide public access to the database through a dial-in modem, through public terminals and through electronic duplicates of the database. If access to the database is provided to the public, the Secretary of State may adopt rules in accordance with the…

31 M.R.S. § 815 Publications

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1. Fee for publications. The Secretary of State may establish by rule in accordance with the Maine Administrative Procedure Act a fee schedule to cover the cost of printing and distribution of publications and to set forth the procedures for the sale of those publications. 2. Use…

31 M.R.S. § 816 Routine technical rules

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Rules adopted pursuant to this chapter, unless expressly designated otherwise, are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

31 M.R.S. § 817 Certificate of existence; certificate of authority; certificate of fact

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1. Application. Any person may apply to the Secretary of State for a certificate of existence for a registered limited liability partnership or a certificate of authority for a foreign limited liability partnership. 2. Contents. A certificate of existence or certificate of author…

31 M.R.S. § 821 Registration

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A partnership formed under the Uniform Partnership Act may be registered as a registered limited liability partnership by signing and filing a certificate of limited liability partnership with the Secretary of State. [PL 1995, c. 633, Pt. B, §1 (NEW).] 1. Filing of certificate. A…

31 M.R.S. § 822 Certificate of limited liability partnership

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1. Certificate of limited liability partnership. In order to register a limited liability partnership, a certificate of limited liability partnership must be filed with the Secretary of State. The certificate must set forth: A. The name of the registered limited liability partner…

31 M.R.S. § 823 Amendment to certificate

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1. Certificate of amendment. The certificate of limited liability partnership is amended by filing a certificate of amendment with the Secretary of State. The certificate of amendment must set forth: A. The name of the registered limited liability partnership; and [PL 1995, c. 63…

31 M.R.S. § 824 Certificate of correction

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A partner who becomes aware that any statement in a certificate of limited liability partnership or any certificate filed under this chapter was inaccurate when made shall file a certificate of correction with the Secretary of State. The certificate of correction must specify the…

31 M.R.S. § 825 Certificate of renunciation

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1. Renunciation of status. A partnership may renounce its status as a registered limited liability partnership by filing a certificate of renunciation with the Secretary of State, setting forth: A. The name of the registered limited liability partnership; [PL 1995, c. 633, Pt. B,…

31 M.R.S. § 826 Execution

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Each document delivered to the Secretary of State for filing pursuant to this chapter must be executed in the following manner. [PL 1995, c. 633, Pt. B, §1 (NEW).] 1. Signatures. Except as provided in subsection 2, the documents must be signed as follows: A. In the case of the in…

31 M.R.S. § 827 Execution or amendment by judicial order

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If a person required to execute a certificate under section 826 fails or refuses to do so, then a person who is adversely affected by the failure or refusal may petition the Superior Court to direct the execution of the certificate as follows. [PL 1995, c. 633, Pt. B, §1 (NEW).] …

31 M.R.S. § 828 Filing

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1. Original filing. An original signed copy of a certificate or other document authorized to be filed under a provision of this chapter must be delivered to the Secretary of State. A. A person who executes a document as an agent or fiduciary need not exhibit evidence of authority…

31 M.R.S. § 829 Materially inaccurate statement

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1. Liability. If the certificate of renunciation, certificate of limited liability partnership or certificate of amendment contains a materially inaccurate statement, a person who suffers loss by reasonable reliance on the statement may recover damages for the loss from: A. A par…

31 M.R.S. § 830 Notice

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The fact that a certificate of limited liability partnership is on file with the Secretary of State constitutes notice of facts set forth in the certificate that are required by section 822, subsection 1 and by section 823, subsection 6.

31 M.R.S. § 851 Laws governing foreign limited liability partnerships

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1. Laws governing. Unless otherwise provided by the Constitution of Maine: A. The laws of the state or country under which a foreign limited liability partnership is organized govern its organization and internal affairs and the liability of its partners, provided that each partn…

31 M.R.S. § 852 Authority to do business required; application

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Before doing business in this State, a foreign limited liability partnership must obtain authority to do business from the Secretary of State. [PL 1995, c. 633, Pt. B, §1 (NEW).] 1. Definitions. As used in this subchapter, "doing business," "the doing of business" or "business do…

31 M.R.S. § 853 Evidence of authority to do business

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If the Secretary of State finds that an application for the authority to do business conforms to the requirements of this chapter and all requisite fees have been paid, the Secretary of State shall: [PL 1995, c. 633, Pt. B, §1 (NEW).] 1. Attest application. Attest that the applic…

31 M.R.S. § 854 Name; registered office; registered agent

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1. Name. A foreign limited liability partnership may apply to the Secretary of State to do business in this State under a name that conforms with the requirements of section 803-A, subsection 1. The name need not be the same as the name under which it is authorized to do business…

31 M.R.S. § 855 Amendments to application

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If any statement in the application for authority to do business of a foreign limited liability partnership requires change as a result of subsequent events, the foreign limited liability partnership shall promptly file with the Secretary of State a certificate executed by a part…

31 M.R.S. § 856 Certificate of correction

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If a statement in the application for authority to do business of a foreign limited liability partnership was materially inaccurate when made, the foreign limited liability partnership shall promptly file with the Secretary of State a certificate executed by a partner correcting …

31 M.R.S. § 857 Cancellation of authority to do business

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A foreign limited liability partnership may cancel its authority to do business by filing with the Secretary of State a certificate of cancellation. A cancellation does not terminate the authority of the Secretary of State to accept service of process on the foreign limited liabi…

31 M.R.S. § 858-A Effect of failure to qualify

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1. No action or proceeding until granted authority; fees paid. A foreign limited liability partnership transacting business in this State may not maintain an action or proceeding in this State until it is granted authority to do business in this State and pays to the State all fe…

31 M.R.S. § 859-A Grounds for revocation

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Notwithstanding Title 4, chapter 5 and Title 5, chapter 375, the Secretary of State may commence a proceeding under section 859‑B to revoke the authority of a partnership as a foreign limited liability partnership authorized to do business in this State if: [PL 2005, c. 543, Pt. …

31 M.R.S. § 859-B Procedure for and effect of revocation

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1. Notice of determination. If the Secretary of State determines that one or more grounds exist under section 859-A for the revocation of authority, the Secretary of State shall serve the foreign limited liability partnership with a written notice of that determination as require…

31 M.R.S. § 859-C Appeal from revocation

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1. Petition to appeal revocation. A foreign limited liability partnership may appeal the Secretary of State's revocation of its authority to the Kennebec County Superior Court within 30 days after the notice of revocation. The foreign limited liability partnership may appeal by p…

31 M.R.S. § 860 Execution of documents; liability for false statements

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1. Signature. Documents must be signed by a partner except as otherwise provided. 2. Unsworn falsification. Section 826, subsection 3, governing unsworn falsification, and section 829, on liability for materially inaccurate statements, apply to foreign limited liability partnersh…

31 M.R.S. § 861-A Service of process upon foreign limited liability partnership authorized to do business in State

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Service of process, notice or demand required or permitted by law on a foreign limited liability partnership authorized to transact business in this State is governed by Title 5, section 113.

31 M.R.S. § 862 Service of process on foreign limited liability partnership not authorized to do business in State

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1. Service on Secretary of State. Every foreign limited liability partnership that does business in this State without having been authorized to do business in this State submits itself to the jurisdiction of the courts of this State and designates the Secretary of State as its a…

31 M.R.S. § 871 Fees; penalties

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A document filed under this chapter is not effective until the applicable fee required in this section is paid. The following fees or penalties must be paid to the Secretary of State: [PL 1995, c. 633, Pt. B, §1 (NEW).] 1. Reservation. For filing an application for reservation of…

31 M.R.S. § 872 Duty of Secretary of State

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The duty of the Secretary of State to file documents under this chapter is ministerial. The filing or refusal to file a document does not: [PL 1995, c. 633, Pt. B, §1 (NEW).] 1. Validity of documents. Affect the validity or invalidity of the document in whole or in part; 2. Corre…

31 M.R.S. § 873 Annual report of registered and foreign limited liability partnerships

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1. Annual report. Each registered limited liability partnership and each foreign limited liability partnership authorized to do business in this State shall file, within the time prescribed by this chapter, an annual report setting forth: A. The name of the registered or foreign …

31 M.R.S. § 873-A Amended annual report of registered or foreign limited liability partnership

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1. Amended annual report. If the information contained in an annual report filed under section 873 has changed, a limited liability partnership may, if it determines it to be necessary, deliver to the Secretary of State for filing an amended annual report to change the informatio…

31 M.R.S. § 874 Failure to file annual report; incorrect report; penalties

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1. Failure to file annual report; penalty. A registered or foreign limited liability partnership that is required to deliver an annual report for filing, as provided by section 873, that fails to deliver its properly completed annual report to the Secretary of State shall pay, in…