Maine Revised Statutes Title 31 Sec. 808-D – Appeal from denial of reinstatement
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1. Denial of reinstatement. If the Secretary of State denies a partnership‘s application for reinstatement following revocation, the Secretary of State shall serve the domestic limited liability partnership under section 808-B, subsection 8 with a written notice that explains the reason or reasons for denial.
[PL 2007, c. 323, Pt. E, §8 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
Terms Used In Maine Revised Statutes Title 31 Sec. 808-D
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- Registered limited liability partnership: means a partnership formed pursuant to an agreement governed by the Uniform Partnership Act and registered under this Act. See Maine Revised Statutes Title 31 Sec. 802-A
2. Appeal. A partnership may appeal a denial of reinstatement under subsection 1 to the Superior Court of the county where the partnership’s principal office is located or, if there is no principal office in this State, in Kennebec County within 30 days after the date of the notice of denial. The partnership appeals by petitioning the court to set aside the revocation and attaching to the petition copies of the Secretary of State’s notice of revocation, the partnership’s application for reinstatement and the Secretary of State’s notice of denial.
[PL 2003, c. 631, §67 (NEW).]
3. Court action. The court may summarily order the Secretary of State to reinstate a partnership’s status as a registered limited liability partnership or may take other action the court considers appropriate.
[PL 2003, c. 631, §67 (NEW).]
4. Final decision. The court’s final decision in an appeal under this section may be appealed as in other civil proceedings.
[PL 2003, c. 631, §67 (NEW).]
SECTION HISTORY
PL 2003, c. 631, §67 (NEW). PL 2007, c. 323, Pt. E, §8 (AMD). PL 2007, c. 323, Pt. G, §4 (AFF).