Chapter 323
H.P. 1292 - L.D. 1853
PART E
Sec. E-1. 31 MRSA §807, as amended by PL 1999, c. 594, §27, is repealed.
Sec. E-2. 31 MRSA §808-A, sub-§4, as enacted by PL 2003, c. 631, §67, is amended to read:
4. Failure to maintain registered agent.
The registered limited liability partnership fails to appoint or maintain is without a registered agent or registered office in this State as required by section 807 Title 5, section 105, subsection 1;
Sec. E-3. 31 MRSA §808-A, sub-§5, as enacted by PL 2003, c. 631, §67, is amended to read:
5. Failure to notify of change of registered agent or address.
The registered limited liability partnership does not notify the Secretary of State that its registered agent has changed as required by Title 5, section 108, subsection 1 or registered office the address of its registered agent has been changed as required by Title 5, section 109 or 110 or that its registered agent has resigned as required by section 807 Title 5, section 111; or
Sec. E-4. 31 MRSA §808-B, sub-§1, as enacted by PL 2003, c. 631, §67, is amended to read:
1. Notice of determination to revoke partnership's status as registered limited liability partnership.
If the Secretary of State determines that one or more grounds exist under section 808-A for revoking a partnership's status as a registered limited liability partnership, the Secretary of State shall issue serve the limited liability partnership with a written notice of that determination to the limited liability partnership's last registered office address as required by subsection 8.
Sec. E-5. 31 MRSA §808-B, sub-§2, as enacted by PL 2003, c. 631, §67, is amended to read:
2. Revocation.
The partnership's status as a registered limited liability partnership is revoked if within 60 days after the notice under subsection 1 was issued and is perfected under subsection 8 the Secretary of State determines that the registered limited liability partnership has failed to correct the ground or grounds for revocation. The Secretary of State shall send notice to the partnership at the address of the registered agent of the registered limited liability partnership's last registered office address as required by subsection 8 that recites the ground or grounds for revocation of the partnership's status as a registered limited liability partnership and the effective date of revocation.
Sec. E-6. 31 MRSA §808-B, sub-§8 is enacted to read:
8. Delivery of notice.
The Secretary of State shall send notice of its determination under subsection 1 by regular mail and the service upon the registered limited liability partnership is perfected 5 days after the Secretary of State deposits its determination in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed to the registered agent of the registered limited liability partnership.
Sec. E-7. 31 MRSA §808-C, sub-§2, as enacted by PL 2003, c. 631, §67, is amended to read:
2. Reinstatement after revocation.
If the Secretary of State determines that the application contains the information required under subsection 1 and is accompanied by the reinstatement fee set forth in section 871, subsection 7-A, and that the information is correct, the Secretary of State shall cancel the revocation and prepare a notice of reinstatement that recites that determination and the effective date of reinstatement. The Secretary of State shall send notice use the procedures set forth in section 808-B, subsection 8 to deliver the notice to the registered limited liability partnership at its last registered office address.
Sec. E-8. 31 MRSA §808-D, sub-§1, as enacted by PL 2003, c. 631, §67, is amended to read:
1. Denial of reinstatement.
If the Secretary of State denies a partnership's application for reinstatement following revocation, the Secretary of State shall mail serve the domestic limited liability partnership under section 808-B, subsection 8 with a written notice that explains the reason or reasons for denial to the partnership at its last registered office address.
Sec. E-9. 31 MRSA §809, as enacted by PL 1995, c. 633, Pt. B, §1, is repealed.
Sec. E-10. 31 MRSA §809-A is enacted to read:
Service of process, notice or demand required or permitted by law on a registered limited liability partnership is governed by Title 5, section 113.
Sec. E-11. 31 MRSA §822, sub-§1, ¶B, as enacted by PL 1995, c. 633, Pt. B, §1, is amended to read:
B. The address of the registered office and the name and address of the registered agent for service of process required to be maintained by section 807 information required by Title 5, section 105, subsection 1;
Sec. E-12. 31 MRSA §823, sub-§3, ¶B, as repealed and replaced by PL 1999, c. 594, §28, is repealed.
Sec. E-13. 31 MRSA §823, sub-§3, ¶B-1 is enacted to read:
B-1. A change in the registered agent except as provided in Title 5, section 109 or 110 for a change in the current name, address or identity of the registered agent or as provided in Title 5, section 111 for the resignation of the registered agent;
Sec. E-14. 31 MRSA §826, sub-§1, ¶A, as amended by PL 1997, c. 376, §64, is further amended to read:
A. In the case of the initial certificate of limited liability partnership, by one or more partners who are authorized and the registered agent as required by section 807, subsection 2;
Sec. E-15. 31 MRSA §852, sub-§2, as amended by PL 1997, c. 376, §66, is further amended to read:
2. Execution.
The foreign limited liability partnership shall submit to the Secretary of State an application for authority to do business, executed by a person with authority to do so under the laws of the state or other jurisdiction of its formation and by the registered agent as required by section 854, subsection 2-A on a form prescribed by or furnished by the Secretary of State.
Sec. E-16. 31 MRSA §852, sub-§3, ¶D, as enacted by PL 1995, c. 633, Pt. B, §1, is amended to read:
D. The address of the registered office and the name and address of the registered agent for service of process, which are required to be maintained under section 854, subsection 2 information required by Title 5, section 105, subsection 1;
Sec. E-17. 31 MRSA §852, sub-§3, ¶E, as enacted by PL 1995, c. 633, Pt. B, §1, is repealed.
Sec. E-18. 31 MRSA §854, sub-§2, as enacted by PL 1995, c. 633, Pt. B, §1, is repealed.
Sec. E-19. 31 MRSA §854, sub-§2-A, as enacted by PL 1997, c. 376, §68, is repealed.
Sec. E-20. 31 MRSA §854, sub-§3, as enacted by PL 1995, c. 633, Pt. B, §1, is repealed.
Sec. E-21. 31 MRSA §854, sub-§4, as amended by PL 2001, c. 66, §4, is repealed.
Sec. E-22. 31 MRSA §854, sub-§5, as enacted by PL 1995, c. 633, Pt. B, §1, is repealed.
Sec. E-23. 31 MRSA §854, sub-§6, as amended by PL 2005, c. 529, §8, is repealed.
Sec. E-24. 31 MRSA §859-A, sub-§4, as enacted by PL 2003, c. 631, §71, is amended to read:
4. Failure to maintain registered agent.
The foreign limited liability partnership fails to appoint or maintain is without a registered agent or registered office in this State as required by section 854 Title 5, section 105, subsection 1;
Sec. E-25. 31 MRSA §859-A, sub-§5, as enacted by PL 2003, c. 631, §71, is amended to read:
5. Failure to notify of change of registered agent or address.
The foreign limited liability partnership does not notify the Secretary of State that its registered agent has changed as required by Title 5, section 108, subsection 1 or registered office the address of its registered agent has been changed as required by Title 5, section 109 or 110 or that its registered agent has resigned as required by section 854 Title 5, section 111;
Sec. E-26. 31 MRSA §859-B, sub-§1, as enacted by PL 2003, c. 631, §71, is amended to read:
1. Notice of determination.
If the Secretary of State determines that one or more grounds exist under section 859-A for the revocation of authority, the Secretary of State shall issue serve the foreign limited liability partnership with a written notice of that determination to the foreign limited liability partnership's last registered office in this State and to its last registered or principal office in its jurisdiction of organization as required by subsection 7.
Sec. E-27. 31 MRSA §859-B, sub-§2, as amended by PL 2005, c. 543, Pt. B, §9 and affected by §15, is further amended to read:
2. Revocation.
The foreign partnership's authority to do business is revoked if within 60 days after the notice under subsection 1 was issued the Secretary of State determines that the foreign limited liability partnership has failed to correct the ground or grounds for revocation. The Secretary of State shall send notice to the foreign partnership at the partnership's last registered office address in this State and to its last registered or principal office address in its jurisdiction of registration as required by subsection 7 that recites the ground or grounds for revocation of the foreign partnership's status as a limited liability partnership and the effective date of revocation.
Sec. E-28. 31 MRSA §859-B, sub-§7 is enacted to read:
7. Delivery of notice.
The Secretary of State shall send notice of its determination under subsection 1 by regular mail and the service upon the foreign limited liability partnership is perfected 5 days after the Secretary of State deposits its determination in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed to the registered agent of the foreign limited liability partnership.
Sec. E-29. 31 MRSA §861, as enacted by PL 1995, c. 633, Pt. B, §1, is repealed.
Sec. E-30. 31 MRSA §861-A is enacted to read:
Service of process, notice or demand required or permitted by law on a foreign limited liability partnership authorized to transact business in this State is governed by Title 5, section 113.
Sec. E-31. 31 MRSA §862, sub-§2, as enacted by PL 1995, c. 633, Pt. B, §1, is amended to read:
2. Method of serving process.
In addition to other methods of service that may be authorized by law or by rule, service of process may be made as provided in section 863 Title 5, section 113.
Sec. E-32. 31 MRSA §863, as enacted by PL 1995, c. 633, Pt. B, §1, is repealed.
Sec. E-33. 31 MRSA §864, as enacted by PL 2005, c. 543, Pt. B, §11 and affected by §15, is repealed.
Sec. E-34. 31 MRSA §871, sub-§6, as amended by PL 2003, c. 673, Pt. WWW, §31 and affected by §37, is repealed.
Sec. E-35. 31 MRSA §871, sub-§7-A, as amended by PL 2005, c. 12, Pt. FF, §12, is further amended to read:
7-A. Reinstatement fee after revocation.
For failure to file an annual report, a fee of $150, to a maximum fee of $600, 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 $150; for failure to appoint or maintain a registered agent or registered office, a fee of $150; for failure to notify the Secretary of State that its registered agent or registered office the address of its registered agent has been changed , or that its registered agent has resigned or that its registered office has been discontinued, a fee of $150; for failure to file an amended application, a fee of $150; and for filing false information, a fee of $150;
Sec. E-36. 31 MRSA §871, sub-§12, as amended by PL 2003, c. 673, Pt. WWW, §36 and affected by §37, is repealed.
Sec. E-37. 31 MRSA §871, sub-§20, as amended by PL 1997, c. 376, §71, is further amended to read:
20. Service of process on Secretary of State as agent.
For accepting service of process under section 809, 810 , 861 or 862, a fee of $20; and
Sec. E-38. 31 MRSA §873, sub-§1, ¶A, as enacted by PL 1995, c. 633, Pt. B, §1, is amended to read:
A. The name of the registered or foreign limited liability partnership;
Sec. E-39. 31 MRSA §873, sub-§1, ¶A-1 is enacted to read:
A-1. The jurisdiction of organization of the limited liability partnership;
Sec. E-40. 31 MRSA §873, sub-§1, ¶B, as amended by PL 1997, c. 376, §73, is further amended to read:
B. The name of its registered agent and the address of its registered office in this State, including the street or rural route number, town or city and state, and, in the case of a foreign limited liability partnership, the address of its registered or principal office information required by Title 5, section 105, subsection 1;