LD 1539
pg. 86
Page 85 of 101 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 87 of 101
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LR 1942
Item 1

 
C.__Differences in the use of punctuation, capitalization or
special characters.

 
7.__Change of limited liability partnership name by foreign
limited liability partnership.__If a foreign limited liability
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 855 that is accompanied by a statement of
use of a fictitious name under section 805-A.

 
8.__Exception.__Notwithstanding subsection 2, the name of a
limited liability partnership may be not distinguishable on the
records of the Secretary of State if the foreign limited
liability partnership was authorized to do business in this State
prior to January 1, 1996 and had the right to use the name as its
legal name before that date.

 
9.__Name of limited liability partnership revoked.__Subsection
2 does not apply to the name of any partnership whose status as a
limited liability partnership has been revoked on and after the
3rd anniversary of the revocation.

 
Sec. C-36. 31 MRSA §804, as enacted by PL 1995, c. 633, Pt. B, §1,
is repealed.

 
Sec. C-37. 31 MRSA §804-A is enacted to read:

 
§804-A.__Reserved name

 
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 the applicant and the name proposed
to be reserved. If the Secretary of State finds that the limited
liability 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
liability 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.


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