Maine Revised Statutes Title 13-B Sec. 1305 – Certified records of corporation as prima facie evidence of facts stated therein
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In addition to any rule of evidence provided by rule of court: [PL 1977, c. 525, §13 (NEW).]
1. Prima facie evidence. When certified under oath of the secretary or an assistant secretary of the corporation to be true and correct, the original or a copy of:
A. The minutes of the proceedings of the incorporators; [PL 1977, c. 525, §13 (NEW).]
B. The minutes of the meetings or other proceedings of the members or any class thereof; [RR 2013, c. 2, §22 (COR).]
C. The minutes of the meetings or other proceedings of the directors or of any committee thereof; [PL 1977, c. 525, §13 (NEW).]
D. Any written consent, waiver, release or agreement entered into the records of minutes; and [PL 1977, c. 525, §13 (NEW).]
E. A statement that no specified meeting or proceeding was held, or that no specified consent, waiver, release or agreement exists; [PL 1977, c. 525, §13 (NEW).]
shall be prima facie evidence of the facts stated therein. Such certification may be by oral testimony or by affidavit, but after admitting such affidavit into evidence the court shall permit cross-examination of each affiant. A certification shall be sufficient if it is to the effect that a given document is the original, or a true, correct and complete copy, of minutes, consent, waiver or other document contained in the minute book of the corporation, even though the affiant has no personal knowledge of the facts set forth in such document; and the lack of personal knowledge of the certifying officers shall go to the weight, but not the admissibility, of such document as evidence.
[RR 2013, c. 2, §22 (COR).]
Terms Used In Maine Revised Statutes Title 13-B Sec. 1305
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
2. Meeting duly called. Every meeting referred to in such certified original or copy shall be deemed duly called and held, and all motions and resolutions adopted and proceedings had at such meeting shall be deemed duly adopted and had, and all elections of directors and all elections or appointments of officers chosen at such meeting shall be deemed valid, until the contrary is proven.
[PL 1977, c. 525, §13 (NEW).]
SECTION HISTORY
PL 1977, c. 525, §13 (NEW). RR 2013, c. 2, §22 (COR).