LD 1767
pg. 45
Page 44 of 54 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 46 of 54
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LR 2593
Item 1

 
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 petitioning the court
to set aside the revocation and attaching to the petition copies
of its application for authority and the Secretary of State's
notice of revocation.

 
2.__Court order.__The court may summarily order the Secretary
of State to reinstate the authority or may take any other action
the court considers appropriate.

 
3.__Appeal of court's decision.__The court's final decision
may be appealed as in other civil proceedings.

 
§859-D.__Reinstatement following revocation

 
1.__Application for reinstatement.__A partnership whose
authority as a foreign limited liability partnership has been
revoked under section 859-B may apply to the Secretary of State
for reinstatement within 6 years after the effective date of
revocation. The application must:

 
A.__State the name of the foreign limited liability
partnership and the effective date of its revocation;

 
B.__State that the ground or grounds for revocation either
did not exist or have been eliminated; and

 
C.__State that the foreign limited liability partnership's
name satisfies the requirements of section 806-A.

 
2.__Reinstatement after revocation.__If the Secretary of State
determines that the application for reinstatement contains the
information required under subsection 1 and is accompanied by the
reinstatement fee set forth in section 871, subsection 7-A, and
that the information is correct, the Secretary of State shall
cancel the revocation and prepare a notice of reinstatement that
recites that determination and the effective date of
reinstatement. The Secretary of State shall send notice to the
foreign limited liability partnership at its last registered
office in this State and to its last registered or principal
office in its jurisdiction of organization.

 
3.__Effect of reinstatement.__When the reinstatement is
effective under subsection 2, it relates back to and takes effect
as of the effective date of the revocation, and the foreign
limited liability partnership resumes business as if the
revocation had not occurred.


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