LD 1539
pg. 20
Page 19 of 104 PUBLIC Law Chapter 344 Page 21 of 104
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LR 1942
Item 1

 
6.__Extrinsic facts.__Provisions of the articles of incorporation
may be made dependent upon facts objectively ascertainable outside
the articles of incorporation in accordance with section 121,
subsection 10.

 
Sec. B-44. 13-C MRSA §301, sub-§1, as enacted by PL 2001, c. 640, Pt.
A, §2 and affected by Pt. B, §7, is amended to read:

 
1. Purpose of engaging in lawful business. A corporation
incorporated under subject to this Act has the purpose of
engaging in any lawful business unless a more limited purpose is
set forth in the articles of incorporation.

 
Sec. B-45. 13-C MRSA §401, sub-§2, ¶¶A and C, as enacted by PL 2001, c.
640, Pt. A, §2 and affected by Pt. B, §7, are amended to read:

 
A. The name of a corporation, nonprofit corporation,
limited liability company, limited liability partnership or
limited partnership that is incorporated, organized or
authorized to transact business or carry on activities in
this State;

 
C. Marks registered under Title 10, chapter 301-A unless
the registered owner or holder of the mark is the same
person or entity as the corporation seeking to use a name
that is not distinguishable on the records of the Secretary
of State and files proof of ownership with the Secretary of
State.

 
Sec. B-46. 13-C MRSA §401, sub-§6, as enacted by PL 2001, c. 640, Pt.
A, §2 and affected by Pt. B, §7, is amended to read:

 
6. Determining distinguishability. In determining whether
names are "distinguishable on the records," the Secretary of
State shall disregard the following:

 
A. The words or abbreviations of words that describe the
nature of the entity, including "professional association,"
"corporation," "company," "incorporated," "chartered,"
"limited," "limited partnership," "limited liability
company," "professional limited liability company," "limited
liability partnership," "registered limited liability
partnership," "service corporation" or "professional
corporation";

 
B. The presence or absence of the words or symbols of the
words "and," and "the" and "a"; and


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