LD 1539
pg. 4
Page 3 of 101 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 5 of 101
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LR 1942
Item 1

 
9-A. Person. "Person" includes an individual and an entity.

 
Sec. B-8. 13-B MRSA §301, as amended by PL 1997, c. 633, §4, is
repealed.

 
Sec. B-9. 13-B MRSA §301-A is enacted to read:

 
§301-A.__Corporate name

 
1.__Prohibition. A corporate name may not contain language
stating or implying that the corporation is organized for a
purpose other than that permitted by section 201 and the
corporation's articles of incorporation.

 
2.__Distinguishable name. Except as authorized by subsections
3 and 4, a corporate name must be distinguishable on the records
of the Secretary of State from:

 
A.__The name of a corporation, limited liability company,
limited liability partnership or limited partnership that is
incorporated, organized or authorized to transact business
or carry on activities in this State;

 
B.__Assumed, fictitious, reserved and registered name
filings for all entities; and

 
C.__Marks registered under Title 10, chapter 301-A unless
the registered owner or holder of the mark is the same
person or entity as the corporation seeking to use a name
that is not distinguishable on the records of the Secretary
of State and files proof of ownership with the Secretary of
State.

 
3.__Refuse to file name. The Secretary of State, in the
Secretary of State's discretion, may refuse to file a name that:

 
A.__Consists of or comprises language that is obscene;

 
B.__Inappropriately promotes abusive or unlawful activity;

 
C.__Falsely suggests an association with public
institutions; or

 
D.__Violates any other provision of the law of this State
with respect to names.

 
4.__Authorization to use name. A corporation may apply to the
Secretary of State for authorization to use a name that is not
distinguishable on the records of the Secretary of State from


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