Maine Revised Statutes Title 31 Sec. 1011 – Filing duty of Secretary of State
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1. Duty to file. If a document delivered to the office of the Secretary of State for filing pursuant to this chapter satisfies the requirements of section 1005, the Secretary of State shall file the document.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 31 Sec. 1011
- Partnership: means an association of 2 or more persons to carry on as co-owners a business for profit formed under section 1022, predecessor law or comparable law of another jurisdiction. See Maine Revised Statutes Title 31 Sec. 1001
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 31 Sec. 1001
2. Recording as filed; acknowledgment. The Secretary of State files a document pursuant to subsection 1 by recording it as filed on the date of receipt. After filing a document, the Secretary of State shall deliver to the partnership or its representative a copy of the document with an acknowledgment of the date of filing.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
3. Refusal to file; written explanation. If the Secretary of State refuses to file a document, the Secretary of State shall return it to the partnership or its representative within 5 days after the document was delivered, together with a brief, written explanation of the reason for the refusal.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
4. Ministerial. The Secretary of State’s duty to file a document under this section is ministerial, and the filing or refusal to file a document does not:
A. Affect the validity or invalidity of the document in whole or part; [PL 2005, c. 543, Pt. A, §2 (NEW).]
B. Relate to the correctness or incorrectness of information contained in the document; or [PL 2005, c. 543, Pt. A, §2 (NEW).]
C. Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. [PL 2005, c. 543, Pt. A, §2 (NEW).]
[PL 2005, c. 543, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 543, §A2 (NEW).