LD 1767
pg. 49
Page 48 of 54 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 50 of 54
Download Bill Text
LR 2593
Item 1

 
partnership in this State must follow the procedures set forth in
section 808, subsection 3 relative to reinstatement of registered
limited liability partnerships 859-D to reinstate. A partnership
whose status as a registered limited liability partnership has been
revoked under this subsection may be reinstated by filing the
current annual report together with the current annual filing fee
and by paying the reinstatement fee of $125 for each year the
limited liability partnership failed to file an annual report. The
maximum reinstatement fee may not exceed $500, regardless of the
number of delinquent reports or the period of delinquency section
808-B must follow the requirements set forth in section 808-C to
reinstate.

 
2. Nonconformity. If the Secretary of State finds that an
annual report delivered for filing does not conform with the
requirements of section 873, the report must be returned for
correction.

 
3. Revocation. During any period in which a partnership's
status as a limited liability partnership has been revoked, it
must be treated as a general partnership without that limited
liability partnership status.

 
4. Excusable neglect. If the annual report of a registered
or foreign limited liability partnership is not delivered for
filing within the time specified in section 873, the limited
liability partnership is excused from the liability provided in
this section and from any other penalty for failure to file
timely the report if it establishes to the satisfaction of the
Secretary of State that failure to file was the result of
excusable neglect and it furnishes the Secretary of State with a
copy of the report within 30 days after learning it learns that
the Secretary of State failed to receive the original report.

 
5. Inadvertent errors. The status of a partnership as a
limited liability partnership and the liability of a partner of
that limited liability partnership is not adversely affected if
the name or address of a partner listed in an annual report is
erroneously stated or omitted, as long as that annual report was
filed in good faith.

 
Emergency clause. In view of the emergency cited in the preamble,
this Act takes effect July 1, 2004.

 
SUMMARY

 
This bill makes changes to the laws relating to nonprofit
corporations, limited partnerships, limited liability companies
and limited liability partnerships that are consistent with
recent
changes made to the business corporation laws in the Maine


Page 48 of 54 Top of Page Page 50 of 54