| | | 8.__Exception.__Notwithstanding subsection 2, the name of a | | limited liability partnership may be not distinguishable on the | | records of the Secretary of State if the foreign limited | | liability partnership was authorized to do business in this State | | prior to January 1, 1996 and had the right to use the name as its | | legal name before that date. |
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| | | 9.__Name of limited liability partnership revoked.__Subsection | | 2 does not apply to the name of any partnership whose status as a | | limited liability partnership has been revoked on and after the | | 3rd anniversary of the revocation. |
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| | | Sec. C-36. 31 MRSA §804, as enacted by PL 1995, c. 633, Pt. B, §1, | | is repealed. |
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| | | Sec. C-37. 31 MRSA §804-A is enacted to read: |
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| | | 1.__Reserve use of name.__A person may reserve the exclusive | | use of a limited liability 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 | | liability 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 | | liability 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-38. 31 MRSA §805, as enacted by PL 1995, c. 633, Pt. B, §1, | | is repealed. |
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| | | Sec. C-39. 31 MRSA §805-A is enacted to read: |
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| | | §805-A.__Assumed or fictitious name of limited liability |
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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 liability 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 |
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