1. Application. Any person may apply to the Secretary of State for a certificate of existence for a registered limited liability partnership or a certificate of authority for a foreign limited liability partnership.

[PL 2003, c. 631, §69 (NEW).]

Terms Used In Maine Revised Statutes Title 31 Sec. 817

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Foreign limited liability partnership: means a limited liability partnership formed pursuant to an agreement governed by the laws of another jurisdiction and registered under the laws of that jurisdiction. See Maine Revised Statutes Title 31 Sec. 802-A
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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. Contents. A certificate of existence or certificate of authority under subsection 1 sets forth:
A. The limited liability partnership’s name used in this State; [PL 2003, c. 631, §69 (NEW).]
B. That, if a registered limited liability partnership, the registered limited liability partnership is duly registered under the laws of this State and the date of its registration; [PL 2003, c. 631, §69 (NEW).]
C. That, if a foreign limited liability partnership, the foreign limited liability partnership is authorized to transact business in this State, the date on which the limited liability partnership was authorized to transact business in this State and its jurisdiction of organization; [PL 2003, c. 631, §69 (NEW).]
D. That all fees and penalties owed to this State have been paid if:

(1) Payment is reflected in the records of the Secretary of State; and
(2) Nonpayment affects the existence or authorization of the registered or foreign limited liability partnership; [PL 2003, c. 631, §69 (NEW).]
E. That the registered or foreign limited liability partnership’s most recent annual report required by section 873 has been delivered to the Secretary of State; and [PL 2003, c. 631, §69 (NEW).]
F. Any facts of record in the office of the Secretary of State that may be requested by the applicant under subsection 1. [PL 2003, c. 631, §69 (NEW).]

[PL 2003, c. 631, §69 (NEW).]

3. Evidence of existence or authority. Subject to any qualification stated in the certificate under subsection 2, a certificate of existence or certificate of authority issued by the Secretary of State may be relied upon as conclusive evidence that the registered or foreign limited liability partnership is in existence or is authorized to transact business in this State.

[PL 2003, c. 631, §69 (NEW).]

4. Certificate of fact. In addition to the certificate authorized under subsection 2, the Secretary of State may issue a certificate attesting to any fact of record in the office of the Secretary of State that may be requested by the applicant under subsection 1.

[PL 2003, c. 631, §69 (NEW).]

SECTION HISTORY

PL 2003, c. 631, §69 (NEW).