LD 1539
pg. 8
Page 7 of 101 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 9 of 101
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LR 1942
Item 1

 
Sec. B-14. 13-B MRSA §308, as amended by PL 1995, c. 458, §7, is
repealed.

 
Sec. B-15. 13-B MRSA §308-A is enacted to read:

 
§308-A.__Assumed or fictitious name of corporation

 
1.__Assumed name defined.__As used in this section, "assumed
name" means a trade name, the name of a division not separately
incorporated and not used in conjunction with the real corporate
name or any name other than the real name of a corporation except
a fictitious name.

 
2.__Fictitious name defined.__As used in this section,
"fictitious name" means a name adopted by a foreign corporation
authorized to carry on activities in this State because its real
name is unavailable pursuant to section 301-A.

 
3.__Authorized to transact business.__Upon complying with this
section, a domestic or foreign corporation authorized to carry on
activities in this State may carry on its activities in this
State under one or more assumed or fictitious names.

 
4.__File statement indicating use of assumed or fictitious
name.__Prior to carrying on any activities in this State under an
assumed or fictitious name, a corporation shall execute and
deliver for filing, in accordance with sections 104 and 106, a
statement setting forth:

 
A.__The corporate name and the address of the corporation's
registered office;

 
B.__That the corporation intends to carry on activities
under an assumed or fictitious name;

 
C.__The assumed or fictitious name that the corporation
proposes to use;

 
D.__If the assumed name is not to be used at all of the
corporation's places of activity in this State, the
locations where it will be used; and

 
E.__If the corporation is a foreign corporation:

 
(1)__The jurisdiction of incorporation; and

 
(2)__The date on which it was authorized to carry on
activities in this State.


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