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State prior to January 1, 1992 and had the right to use the name as | | its legal name prior to January 1, 1992. |
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| | | 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. |
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| | | Sec. C-3. 31 MRSA §404, as enacted by PL 1991, c. 552, §2 and | | affected by §4, is repealed. |
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| | | Sec. C-4. 31 MRSA §404-A is enacted to read: |
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| | | 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. |
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| | | 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. |
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| | | Sec. C-5. 31 MRSA §405, as enacted by PL 1991, c. 552, §2 and | | affected by §4, is repealed. |
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| | | Sec. C-6. 31 MRSA §405-A is enacted to read: |
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| | | §405-A.__Assumed or fictitious name of limited partnership |
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| | | 1.__Assumed name defined. As__used in this section, "assumed | | name" means a trade name or any name other than the real name of | | a limited partnership except a fictitious name. |
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| | | 2.__Fictitious name defined.__As used in this section, | | "fictitious name" means a name adopted by a foreign limited | | partnership authorized to transact business in this State because | | its real name is unavailable pursuant to section 403-A. |
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| | | 3.__Authorized to transact business.__Upon complying with this | | section, a domestic limited partnership or foreign limited |
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