Maine Revised Statutes Title 31 Sec. 810 – Service of nonresident partners of registered limited liability partnerships
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1. Secretary of State; agent to receive service. Each partner of a registered limited liability partnership who is a nonresident of this State or who becomes a nonresident is deemed to have appointed the Secretary of State as an agent to receive service of process upon that partner in an action or proceeding relating to actions of a registered limited liability partnership that arises while that partner was serving in that capacity.
[PL 1995, c. 633, Pt. B, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 31 Sec. 810
- 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.
- delivery: means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery and electronic transmission. See Maine Revised Statutes Title 31 Sec. 802-A
- 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
- 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
- Service of process: The service of writs or summonses to the appropriate party.
2. Method of serving process. Service of process upon the Secretary of State must be made in the same manner as provided by the Maine Rules of Civil Procedure, Rule 4(d)(8), as amended, in the case of service upon the Secretary of State as an agent of a foreign limited liability partnership.
A copy of the process must be mailed to the nonresident partner at the business, residence or mailing address of the partner shown on the limited liability partnership’s certificate or most recent annual report.
[PL 1995, c. 633, Pt. B, §1 (NEW).]
3. Service on nonresident partner. Service under this section also may be made by delivery of a copy of the process to the nonresident partner at the partner’s address outside the State. Proof of that delivery must be made by affidavit of the person making delivery and the affidavit must be filed with the clerk of the court in which the action or proceeding is pending.
[PL 1995, c. 633, Pt. B, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 633, §B1 (NEW).