USA Statutes : maine
Title : Title 31. PARTNERSHIPS AND ASSOCIATIONS
Chapter : Chapter 01. MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES
Title 31 - §1. Filing of certificate; certificate of withdrawal
Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 1: MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES
§1. Filing of certificate; certificate of withdrawal

Whenever 2 or more persons become associated as partners or otherwise for the purpose of engaging in any mercantile enterprise, they shall, before commencing business, deposit in the office of the clerk of the city or town in which the same is to be carried on a certificate signed and sworn to by them, setting forth their names and places of residence, the nature of the business in which they intend to engage and giving the name under which they are to transact business. Whenever any member of such partnership or association withdraws therefrom, he may certify under oath to the fact of such withdrawal, which certificate shall be deposited in the clerk's office where the partnership certificate is recorded. He shall conclusively be presumed to be a member of the firm or association to the time of his depositing such certificate.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 31 - §2. Business under assumed name; filing of certificate

Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 1: MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES
§2. Business under assumed name; filing of certificate

Whenever any person intends to engage in such business as sole proprietor thereof, and to adopt any business name, style or designation other than his own name exclusively, he shall, before commencing business, deposit in the office of the clerk of the city or town in which such business is to be carried on a certificate signed and sworn to by him, setting forth his name and place of residence, the name, style or designation under which the business is to be conducted, and stating that he is the sole proprietor.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 31 - §3. Statements as conclusive; perjury

Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 1: MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES
§3. Statements as conclusive; perjury

A person signing and making oath to any certificate deposited as provided by sections 1 and 2 shall not be permitted in any judicial proceeding to contradict the statements contained in such certificate. Whoever swears or affirms to any such certificate which is not true in fact shall be deemed guilty of perjury.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 31 - §4. Records

Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 1: MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES
§4. Records

The clerks of the several cities and towns shall record in suitable books, kept exclusively for the purpose, the certificates deposited under sections 1 and 2, and such books shall be open to public inspection.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 31 - §5. Failure to file; penalty

Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 1: MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES
§5. Failure to file; penalty

Whoever fails to deposit seasonably the certificate required by sections 1 and 2 shall be punished by a fine of $5 for each day he is in default.
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 31 - §6-A. Use of "Passamaquoddy" prohibited

Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 1: MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES
§6-A. Use of "Passamaquoddy" prohibited

A person or persons, partnership, corporation or other entity engaged in any business or activities may not adopt a name that contains the word "Passamaquoddy" or use the word "Passamaquoddy" in connection with goods manufactured or sold or services provided after December 31, 1993 without written authorization from the Passamaquoddy Tribe. [1993, c. 210, §1 (new); §2 (aff).]

1. Extent of authorization. Unless greater authority is expressly granted by the Passamaquoddy Tribe, no authorization extends to a business, activity, product or service not disclosed to the Passamaquoddy Tribe at the time of the request for authorization. Authorization is revocable unless by its terms it is irrevocable. [1993, c. 210, §1 (new); §2 (aff).]


2. Deceptive trade practices. Violation of this section is a deceptive trade practice and unlawful under Title 10, chapter 206. [1993, c. 210, §1 (new); §2 (aff).]


3. Exemptions. The following are exempted from the provisions of this section:



A. The use of the words "Passamaquoddy Bay":

(1) As part of a trade name of an entity or sole proprietorship; or


(2) In connection with goods manufactured or sold or services provided; and
[1993, c. 210, §1 (new); §2 (aff).]




B. Use of the word "Passamaquoddy" by a person who was using it prior to the effective date of this Act:

(1) As part of a specific trade name of an entity or sole proprietorship; or


(2) In connection with specific goods or specific services provided.

The exemption in this paragraph does not extend to the use of the word "Passamaquoddy" as part of any trade name not in use prior to the effective date of this Act or in connection with any specific goods or services not being sold prior to the effective date of this Act. [1993, c. 210, §1 (new); §2 (aff).]

[1993, c. 210, §1 (new); §2 (aff).]


Section History:
PL 1993,
Ch. 210,
§1 (NEW).
PL 1993,
Ch. 210,
§2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 31 - §6. Prohibition of certain names

Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 1: MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES
§6. Prohibition of certain names

No person or persons, partnership or other entity engaged in any business, except a corporation, may adopt a name for such business that contains the words "corporation," "incorporated" or "limited," or any abbreviation of any such words. A limited partnership may use the term "limited partnership" as part of its name, a limited liability company may use the term "limited liability company" as part of its name and a limited liability partnership may use the term "limited liability partnership" as part of its name. [1995, c. 633, Pt. C, §10 (amd).]

Section History:
PL 1967,
Ch. 157,
§ (NEW).
PL 1981,
Ch. 698,
§153 (AMD).
PL 1995,
Ch. 458,
§11 (AMD).
PL 1995,
Ch. 633,
§C10 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 31 - §7. Inapplicable to corporations

Title 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 1: MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES
§7. Inapplicable to corporations

Sections 1 and 2 do not apply to corporations. A corporation desiring to do business under an assumed name shall proceed as provided in Title 13-C, section 404. [RR 2001, c. 2, Pt. B, §48 (cor); §58 (aff).]

Section History:
PL 1971,
Ch. 439,
§15 (NEW).
RR 2001,
Ch. 2,
§B48 (COR).
RR 2001,
Ch. 2,
§B58 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01