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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 C-3. 31 MRSA §404, as enacted by PL 1991, c. 552, §2 and | affected by §4, is repealed.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 C-5. 31 MRSA §405, as enacted by PL 1991, c. 552, §2 and | affected by §4, is repealed.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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