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Maine Statutes, Title 31

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Maine/Statutes

← All Maine coverage

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

64 sections·Filtered byTitle 31✕Ch 17✕

31 M.R.S. § 1001 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. 543, Pt. A, §2 (NEW).] 1. Business. "Business" includes every trade, occupation and profession. 2. Debtor in bankruptcy. "Debtor in bankruptcy" means a p…
31 M.R.S. § 1002 Knowledge and notice
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1. Knows. A person knows a fact if the person has actual knowledge of it. 2. Has notice. A person has notice of a fact if the person: A. Knows of it; [PL 2005, c. 543, Pt. A, §2 (NEW).] B. Has received a notification of it; or [PL 2005, c. 543, Pt. A, §2 (NEW).] C. Has reason to …
31 M.R.S. § 1003 Effect of partnership agreement; nonwaivable provisions
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1. Partnership agreement governs; default. Except as otherwise provided in subsection 2, relations among the partners and between the partners and the partnership are governed by the partnership agreement. To the extent the partnership agreement does not otherwise provide, this c…
31 M.R.S. § 1004 Supplemental principles of law
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1. Law and equity. Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter. 2. Interest rate. If an obligation to pay interest arises under this chapter and the rate is not specified, the rate is that specified in Title …

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31 M.R.S. § 1005 Execution, filing and recording of statements

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1. Filing with Secretary of State. To be effective under this chapter, a statement must be filed in the office of the Secretary of State. A certified copy of a statement that is filed in an office in another state may be filed in the office of the Secretary of State. Either filin…

31 M.R.S. § 1006 Governing law

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1. Partnership. Except as otherwise provided in a filed statement, in a written partnership agreement or in subsection 2, the law of the jurisdiction in which a partnership has its chief executive office governs relations among the partners and between the partners and the partne…

31 M.R.S. § 1007 Partnership subject to amendment or repeal of chapter

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A partnership governed by this chapter is subject to any amendment to or repeal of this chapter.

31 M.R.S. § 1008 Forms

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The Secretary of State may prescribe and furnish on request forms for any documents required or permitted to be filed by this chapter. If the Secretary of State so requires, use of these forms is mandatory.

31 M.R.S. § 1009 Filing, service and copying fees

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1. Filing fees. The following fees must be paid to the Secretary of State. A. For filing a statement of disassociation under section 1074, the fee is $20; [PL 2005, c. 543, Pt. A, §2 (NEW).] B. For filing a statement of dissolution under section 1085, the fee is $75; [PL 2005, c.…

31 M.R.S. § 1010 Expedited service

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The Secretary of State may provide expedited service for the processing of documents in accordance with this chapter. The Secretary of State shall establish a fee schedule and adopt rules to set forth the procedures governing this expedited service. All fees collected as provided…

31 M.R.S. § 1011 Filing duty of Secretary of State

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1. Duty to file. If a document delivered to the office of the Secretary of State for filing pursuant to this chapter satisfies the requirements of section 1005, the Secretary of State shall file the document. 2. Recording as filed; acknowledgment. The Secretary of State files a d…

31 M.R.S. § 1012 Appeal Secretary of State's refusal to file document

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1. Commencing an appeal. If the Secretary of State refuses to file a document delivered to the Secretary of State's office for filing, the partnership within 30 days after the return of the document may appeal the refusal to the Superior Court of the county where the corporation'…

31 M.R.S. § 1013 Evidentiary effect of copy of filed document

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A certificate from the Secretary of State delivered with a copy of a document filed by the Secretary of State pursuant to section 1011 is conclusive evidence that the original document is on file with the Secretary of State.

31 M.R.S. § 1014 Penalty for signing false document

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A person commits a Class E crime if that person signs a document pursuant to this chapter knowing it is false in any material respect with intent that the document be delivered to the Secretary of State for filing.

31 M.R.S. § 1015 Powers

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The Secretary of State has the power reasonably necessary to perform the duties required of the Secretary of State by this chapter, including the power to make rules not inconsistent with this chapter. Rules adopted pursuant to this section are routine technical rules as defined …

31 M.R.S. § 1016 Access to Secretary of State's database

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

31 M.R.S. § 1017 Publications

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1. Informational publications. The Secretary of State may establish by rule a fee schedule to cover the cost of printing and distribution of publications and to set forth the procedures for the sale of these publications. Rules adopted pursuant to this subsection are routine tech…

31 M.R.S. § 1021 Partnership as entity

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1. Distinct from partners. A partnership is an entity distinct from its partners. 2. Limited liability partnership. A limited liability partnership continues to be the same entity that existed before the filing of a statement of qualification under section 821.

31 M.R.S. § 1022 Formation of partnership

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1. Formation of partnership. Except as otherwise provided in subsection 2, the association of 2 or more persons to carry on as co-owners a business for profit forms a partnership, whether or not the persons intend to form a partnership. 2. Not partnership. An association formed u…

31 M.R.S. § 1023 Partnership property

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Property acquired by a partnership is property of the partnership and not of the partners individually.

31 M.R.S. § 1024 When property is partnership property

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1. Partnership property. Property is partnership property if acquired in the name of: A. The partnership; or [PL 2005, c. 543, Pt. A, §2 (NEW).] B. One or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner o…

31 M.R.S. § 1031 Partner agent of partnership

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1. Partner as agent. Each partner is an agent of the partnership for the purpose of its business. An act of a partner, including the execution of an instrument in the partnership name, for apparently carrying on in the ordinary course the partnership business or business of the k…

31 M.R.S. § 1032 Transfer of partnership property

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1. Transfer of partnership property. Partnership property may be transferred as follows. A. Partnership property held in the name of the partnership may be transferred by an instrument of transfer executed by a partner in the partnership name. [PL 2005, c. 543, Pt. A, §2 (NEW).] …

31 M.R.S. § 1033 Partnership liable for partner's actionable conduct

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1. Partnership liable for loss, injury or penalty. A partnership is liable for loss or injury caused to a person, or for a penalty incurred, as a result of a wrongful act or omission, or other actionable conduct, of a partner acting in the ordinary course of business of the partn…

31 M.R.S. § 1034 Partner's liability

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1. Jointly and severally liable. Except as otherwise provided in subsections 2 and 3, all partners are liable jointly and severally for all obligations of the partnership unless otherwise agreed by the claimant or provided by law. 2. Not personally liable for obligation prior to …

31 M.R.S. § 1035 Actions by and against partnership and partners

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1. Sue and be sued. A partnership may sue and be sued in the name of the partnership. 2. Action against partnership and partners. An action may be brought against the partnership and, to the extent not inconsistent with section 1034, any or all of the partners in the same action …

31 M.R.S. § 1036 Liability of purported partner

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1. Liability of purported partner. If a person, by words or conduct, purports to be a partner, or consents to being represented by another as a partner, in a partnership or with one or more persons not partners, the purported partner is liable to a person to whom the representati…

31 M.R.S. § 1041 Partner's rights and duties

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1. Partner's account. Each partner is deemed to have an account that is: A. Credited with an amount equal to the money plus the value of any other property, net of the amount of any liabilities, that the partner contributes to the partnership and the partner's share of the partne…

31 M.R.S. § 1042 Distributions in kind

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A partner has no right to receive, and may not be required to accept, a distribution in kind.

31 M.R.S. § 1043 Partner's rights and duties with respect to information

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1. Books and records at chief executive office. A partnership shall keep its books and records, if any, at its chief executive office. 2. Access to books and records. A partnership shall provide partners and their agents and attorneys access to its books and records. It shall pro…

31 M.R.S. § 1044 General standards of partner's conduct

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1. Partner's fiduciary duties. The only fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the duty of care set forth in subsections 2 and 3 as those duties may be clarified or limited in the partnership agreement to the extent a…

31 M.R.S. § 1045 Actions by partnership and partners

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1. Partnership action against partner. A partnership may maintain an action against a partner for a breach of the partnership agreement, or for the violation of a duty to the partnership, causing harm to the partnership. 2. Partner action against partnership. A partner may mainta…

31 M.R.S. § 1046 Continuation of partnership beyond definite term or particular undertaking

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1. Rights and duties as at expiration or completion. If a partnership for a definite term or particular undertaking is continued, without an express agreement, after the expiration of the term or completion of the undertaking, the rights and duties of the partners remain the same…

31 M.R.S. § 1051 Partner not co-owner of partnership property

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A partner is not a co-owner of partnership property and has no interest in partnership property that can be transferred, either voluntarily or involuntarily.

31 M.R.S. § 1052 Partner's transferable interest in partnership

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The only transferable interest of a partner in the partnership is the partner's share of the profits and losses of the partnership, the allocations of income, gain, loss, deduction or credit or similar items related to such profits and losses and the partner's right to receive di…

31 M.R.S. § 1053 Transfer of partner's transferable interest

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1. Transfer of interest. A transfer, in whole or in part, of a partner's transferable interest in the partnership: A. Is permissible; [PL 2005, c. 543, Pt. A, §2 (NEW).] B. Does not by itself cause the partner's dissociation or a dissolution and winding up of the partnership busi…

31 M.R.S. § 1054 Partner's transferable interest subject to charging order

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1. Charging order; interest of judgment debtor. On application by a judgment creditor of a partner or of a partner's transferee, a court having jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment. The court may appoint a receiver of th…

31 M.R.S. § 1061 Events causing partner's dissociation

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A partner is dissociated from a partnership upon the occurrence of any of the following events: [PL 2005, c. 543, Pt. A, §2 (NEW).] 1. Notice of express will to withdraw. The partnership's having notice of the partner's express will to withdraw as a partner or on a later date spe…

31 M.R.S. § 1062 Partner's power to dissociate; wrongful dissociation

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1. By express will. A partner has the power to dissociate at any time, rightfully or wrongfully, by express will pursuant to section 1061, subsection 1. 2. Wrongful dissociation. A partner's dissociation is wrongful only if: A. It is in breach of an express provision of the partn…

31 M.R.S. § 1063 Effect of partner's dissociation

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1. Appreciation of law. If a partner's dissociation results in a dissolution and winding up of the partnership business, subchapter 8 applies; otherwise, subchapter 7 applies. 2. Internal effects of partner's dissociation. Upon a partner's dissociation: A. The partner's right to …

31 M.R.S. § 1071 Purchase of dissociated partner's interest

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1. Purchase of interest if no dissolution. If a partner is dissociated from a partnership without resulting in a dissolution and winding up of the partnership business under section 1081, the partnership shall cause the dissociated partner's interest in the partnership to be purc…

31 M.R.S. § 1072 Dissociated partner's power to bind and liability to partnership

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1. Apparent authority of dissociated partner. For 2 years after a partner dissociates without resulting in a dissolution and winding up of the partnership business, the partnership, including a surviving partnership under subchapter 9, is bound by an act of the dissociated partne…

31 M.R.S. § 1073 Dissociated partner's liability to other persons

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1. Liability for partnership obligation. A partner's dissociation does not of itself discharge the partner's liability for a partnership obligation incurred before dissociation. A dissociated partner is not liable for a partnership obligation incurred after dissociation, except a…

31 M.R.S. § 1074 Statement of dissociation

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1. Filing of statement. A dissociated partner or the partnership may file a statement of dissociation stating the name of the partnership and that the partner is dissociated from the partnership. 2. Deemed to have notice. For the purposes of section 1072, subsection 1, paragraph …

31 M.R.S. § 1075 Continued use of partnership name

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Continued use of a partnership name, or a dissociated partner's name as part thereof, by partners continuing the business does not of itself make the dissociated partner liable for an obligation of the partners or the partnership continuing the business.

31 M.R.S. § 1081 Events causing dissolution and winding up of partnership business

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A partnership is dissolved, and its business must be wound up, only upon the occurrence of any of the following events: [PL 2005, c. 543, Pt. A, §2 (NEW).] 1. Notice of express will to withdraw. In a partnership at will, the partnership's having notice from a partner, other than …

31 M.R.S. § 1082 Partnership continues after dissolution

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1. Continuation for purpose of winding up. Subject to subsection 2, a partnership continues after dissolution only for the purpose of winding up its business. The partnership is terminated when the winding up of its business is completed. 2. Waiver of right to wind up business; t…

31 M.R.S. § 1083 Right to wind up partnership business

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1. Participation of partner; judicial supervision. After dissolution, a partner who has not wrongfully dissociated may participate in winding up the partnership's business, but on application of any partner, partner's legal representative or transferee, the Superior Court, for go…

31 M.R.S. § 1084 Partner's power to bind partnership after dissolution

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Subject to section 1085, a partnership is bound by a partner's act after dissolution that: [PL 2005, c. 543, Pt. A, §2 (NEW).] 1. Appropriate act. Is appropriate for winding up the partnership business; or 2. Act would have bound partnership. Would have bound the partnership unde…

31 M.R.S. § 1085 Statement of dissolution

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1. Filing of statement. After dissolution, a partner who has not wrongfully dissociated may file a statement of dissolution stating the name of the partnership and that the partnership has dissolved and is winding up its business. 2. Deemed to have notice. For the purposes of sec…