LD 1767
pg. 46
Page 45 of 54 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 47 of 54
Download Bill Text
LR 2593
Item 1

 
§859-E.__Appeal from denial of reinstatement

 
1.__Denial of reinstatement.__If the Secretary of State denies
a foreign limited liability partnership's application for
reinstatement following revocation, the Secretary of State shall
mail a written notice that explains the reason or reasons for
denial to the foreign limited liability partnership at its last
registered office address.

 
2.__Appeal.__A foreign limited liability partnership may
appeal a denial of reinstatement under subsection 1 to the
Superior Court of the county where the foreign limited liability
partnership's principal office is located or, if there is no
principal office in this State, in Kennebec County within 30 days
after the date of the notice of denial. The foreign limited
liability partnership appeals by petitioning the court to set
aside the revocation and attaching to the petition copies of the
Secretary of State's notice of revocation, the foreign limited
liability partnership's application for reinstatement and the
Secretary of State's notice of denial.

 
3.__Court action.__The court may summarily order the Secretary
of State to reinstate a foreign limited liability partnership's
authority to do business in this State or may take other action
the court considers appropriate.

 
4.__Final decision.__The court's final decision in an appeal
under this section may be appealed as in other civil proceedings.

 
Sec. 70. 31 MRSA §871, sub-§4, as amended by PL 2003, c. 344, Pt. C,
§46, is further amended to read:

 
4. Registered name. For filing an application for a
registered name of a foreign limited liability partnership under
section 806-A, a fee of $20 per month for the number of months or
fraction of a month remaining in the calendar year when first
filing; and for filing an application to renew the registration
of a registered name, the fee is $155 $200;

 
Sec. 71. 31 MRSA §871, sub-§7, as amended by PL 1997, c. 376, §71, is
repealed.

 
Sec. 72. 31 MRSA §871, sub-§7-A is enacted to read:

 
7-A.__Reinstatement fee after revocation.__For failure to file
an annual report, a fee of $125, to a maximum fee of $500,
regardless of the number of delinquent reports or the period of
delinquency; for failure to pay the annual report late filing
penalty, a fee of $100; for failure to appoint or maintain a


Page 45 of 54 Top of Page Page 47 of 54