Maine Revised Statutes Title 31 Sec. 1401 – Appeal from denial of reinstatement of domestic limited partnership
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1. Denial of reinstatement. If the Secretary of State denies a domestic limited partnership‘s application for reinstatement following administrative dissolution, the Secretary of State shall serve the limited partnership as required by section 1399, subsection 10 with a written notice that explains the reason or reasons for denial.
[PL 2007, c. 323, Pt. F, §26 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
Terms Used In Maine Revised Statutes Title 31 Sec. 1401
- 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.
- Principal office: means the office where the principal executive office of a limited partnership or foreign limited partnership is located, whether or not the office is located in this State. See Maine Revised Statutes Title 31 Sec. 1302
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 31 Sec. 1302
2. Appeal. A domestic limited partnership may appeal a denial of reinstatement under subsection 1 to the Superior Court of the county where the limited 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 limited partnership appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State’s notice of administrative dissolution, the limited partnership’s application for reinstatement and the Secretary of State’s notice of denial.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
3. Court action. The court may summarily order the Secretary of State to reinstate an administratively dissolved domestic limited partnership or may take other action the court considers appropriate.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
4. Final decision. The court’s final decision in an appeal under this section may be appealed as in other civil proceedings.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 543, §C2 (NEW). PL 2007, c. 323, Pt. F, §26 (AMD). PL 2007, c. 323, Pt. G, §4 (AFF).