Maine Revised Statutes Title 31 Sec. 859-B – Procedure for and effect of revocation
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1. Notice of determination. If the Secretary of State determines that one or more grounds exist under section 859-A for the revocation of authority, the Secretary of State shall serve the foreign limited liability partnership with a written notice of that determination as required by subsection 7.
[PL 2007, c. 323, Pt. E, §26 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
Terms Used In Maine Revised Statutes Title 31 Sec. 859-B
- 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.
- Service of process: The service of writs or summonses to the appropriate party.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Revocation. The foreign partnership’s authority to do business is revoked if within 60 days after the notice under subsection 1 was issued the Secretary of State determines that the foreign limited liability partnership has failed to correct the ground or grounds for revocation. The Secretary of State shall send notice to the foreign partnership as required by subsection 7 that recites the ground or grounds for revocation of the foreign partnership’s status as a limited liability partnership and the effective date of revocation.
[PL 2007, c. 323, Pt. E, §27 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
3. Authority to transact business ceases. The authority of a foreign limited liability partnership to transact business in this State ceases on the date of revocation of its authority unless such revocation is stayed pursuant to section 859-C, subsection 2.
[PL 2005, c. 543, Pt. B, §9 (AMD); PL 2005, c. 543, Pt. B, §15 (AFF).]
4. Secretary of State appointed as agent for service of process. The Secretary of State’s revocation of a foreign limited liability partnership’s authority appoints the Secretary of State as the foreign limited liability partnership’s agent for service of process in any proceeding based on a cause of action that arose during the time the foreign limited liability partnership was authorized to transact business in this State. Service of process on the Secretary of State under this subsection is service on the foreign limited liability partnership. Upon receipt of process, the Secretary of State shall mail a copy of the process to the foreign limited liability partnership at its principal office shown in its most recent annual report or in any subsequent communication received from the limited liability partnership stating the current mailing address of its principal office or, if no other address is on file, in its application for authority.
[PL 2003, c. 631, §71 (NEW).]
5. Registered agent; not terminated. Revocation of a foreign limited liability partnership’s authority to transact business in this State does not terminate the authority of the registered agent of the limited liability partnership.
[PL 2003, c. 631, §71 (NEW).]
6. Authorization after revocation. A foreign limited liability partnership whose authority to transact business in this State has been revoked under this section and that wishes to transact business again in this State may be requalified by applying for authority under this subchapter.
[PL 2005, c. 543, Pt. B, §9 (AMD); PL 2005, c. 543, Pt. B, §15 (AFF).]
7. Delivery of notice. The Secretary of State shall send notice of its determination under subsection 1 by regular mail and the service upon the foreign limited liability partnership is perfected 5 days after the Secretary of State deposits its determination in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed to the registered agent of the foreign limited liability partnership.
[PL 2007, c. 323, Pt. E, §28 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2003, c. 631, §71 (NEW). PL 2005, c. 543, §B9 (AMD). PL 2005, c. 543, §B15 (AFF). PL 2007, c. 323, Pt. E, §§26-28 (AMD). PL 2007, c. 323, Pt. G, §4 (AFF).