Maine Revised Statutes Title 31 Sec. 826 – Execution
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Each document delivered to the Secretary of State for filing pursuant to this chapter must be executed in the following manner. [PL 1995, c. 633, Pt. B, §1 (NEW).]
1. Signatures. Except as provided in subsection 2, the documents must be signed as follows:
A. In the case of the initial certificate of limited liability partnership, by one or more partners who are authorized; [PL 2007, c. 323, Pt. E, §14 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. In the case of a certificate of amendment, restatement, certificate of correction or any other document filed under this chapter not otherwise provided for, by at least one partner; or [PL 1995, c. 633, Pt. B, §1 (NEW).]
C. In the case of a certificate of renunciation or other document filed after the dissolution of a registered limited liability partnership:
(1) If the partners are winding up the registered limited liability partnership’s affairs, then by the contact partner or by a majority in interest of the partners; or
(2) If the partners are not winding up the registered limited liability partnership’s affairs, then by all liquidating trustees. [PL 1995, c. 633, Pt. B, §1 (NEW).]
[PL 2007, c. 323, Pt. E, §14 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
Terms Used In Maine Revised Statutes Title 31 Sec. 826
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- 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
- signature: includes any manual, facsimile, conformed or electronic signature. See Maine Revised Statutes Title 31 Sec. 802-A
2. Signature by agent. Any person may sign any certificate or amendment to a certificate, including an attorney-in-fact. An authorization, including a power of attorney, to sign any certificate or amendment to a certificate need not be in writing, sworn to, verified or acknowledged and need not be filed with the Secretary of State, but if in writing, it must be retained by a partner.
[PL 1995, c. 633, Pt. B, §1 (NEW).]
3. Unsworn falsification. The execution of a certificate containing false statements constitutes unsworn falsification under Title 17-A, section 453.
[PL 1997, c. 376, §65 (RPR).]
SECTION HISTORY
PL 1995, c. 633, §B1 (NEW). PL 1997, c. 376, §§64,65 (AMD). PL 2007, c. 323, Pt. E, §14 (AMD). PL 2007, c. 323, Pt. G, §4 (AFF).