| | | 8.__Change of limited partnership name by foreign limited | | partnership.__If a foreign limited partnership authorized to | | transact business in this State changes its name to one that does | | not satisfy the requirements of this section, it may not transact | | business in this State under the proposed new name until it | | adopts a name satisfying the requirements of this section and | | files an amended application for authority under section 495 that | | is accompanied by a statement of use of a fictitious name under | | section 405-A. |
|
| | | 9.__Exception.__Notwithstanding subsection 3, the name of a | | limited partnership may be not distinguishable on the records of | | the Secretary of State if the limited partnership was organized | | under the laws of this State prior to January 1, 1992 or the | | foreign limited partnership was authorized to do business in this | | State prior to January 1, 1992 and had the right to use the name | | as its legal name prior to January 1, 1992. |
|
| | | 10.__Name of limited partnership suspended.__Subsection 3 does | | not apply to the name of any limited partnership, the certificate | | of which is suspended, on and after the 3rd anniversary of the | | suspension. |
|
| | | Sec. C-3. 31 MRSA §404, as enacted by PL 1991, c. 552, §2 and | | affected by §4, is repealed. |
|
| | | Sec. C-4. 31 MRSA §404-A is enacted to read: |
|
| | | 1.__Reserve use of name.__A person may reserve the exclusive | | use of a limited 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 the applicant and the name proposed | | to be reserved.__If the Secretary of State finds that the limited | | partnership name applied for is available, the Secretary of State | | shall reserve the name for the applicant's exclusive use for a | | nonrenewable period of 120 days. |
|
| | | 2.__Transfer of reservation.__The owner of a reserved limited | | partnership name under subsection 1 may transfer the reservation | | to another person by executing and delivering for filing to the | | Secretary of State a notice of the transfer, signed by the | | transferor, that states the name and address of the transferee. |
|
| | | Sec. C-5. 31 MRSA §405, as enacted by PL 1991, c. 552, §2 and | | affected by §4, is repealed. |
|
|
