Maine Revised Statutes Title 5 Sec. 112 – Appointment of agent by nonfiling or nonqualified foreign entity
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1. Contents of statement. A domestic entity that is not a filing entity or a nonqualified foreign entity may file with the Secretary of State a statement appointing an agent for service of process signed on behalf of the entity that states:
A. The name, type and jurisdiction of organization of the entity; and [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. The information required by section 105, subsection 1. [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
Terms Used In Maine Revised Statutes Title 5 Sec. 112
- Domestic entity: means an entity whose internal affairs are governed by the laws of this State. See Maine Revised Statutes Title 5 Sec. 102
- Entity: means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:
A. See Maine Revised Statutes Title 5 Sec. 102Foreign entity: means an entity other than a domestic entity. See Maine Revised Statutes Title 5 Sec. 102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Nonqualified foreign entity: means a foreign entity that is not authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102 Qualified foreign entity: means a foreign entity that is authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102 Registered agent: means a commercial registered agent or a noncommercial registered agent. See Maine Revised Statutes Title 5 Sec. 102 Service of process: The service of writs or summonses to the appropriate party.
2. Effective on filing. A statement appointing an agent for service of process takes effect on filing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3. Effect of appointment. The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this State and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this State.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
4. Distinguishable name. A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not distinguishable on the records of the Secretary of State from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5. Cancellation of statement. An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which takes effect upon filing, and shall state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this State. A statement appointing an agent for service of process that has not been canceled earlier is effective for a period of 5 years after the date of filing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
6. Termination upon becoming qualified. A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).