8.__Exception.__Notwithstanding subsection 2, the name of a foreign limited liability company may be not distinguishable on the records of the Secretary of State if the foreign limited liability company was authorized to do business in this State before January 1, 1995 and had the right to use the name as its legal name before that date.

9.__Name of limited liability company suspended.__Subsection 2 does not apply to the name of any limited liability company whose certificate is suspended on and after the 3rd anniversary of the suspension.

Sec. C-21. 31 MRSA §604, as enacted by PL 1993, c. 718, Pt. A, §1, is repealed.

Sec. C-22. 31 MRSA §604-A is enacted to read:

§604-A.__Reserved name

1.__Reserve use of name.__A person may reserve the exclusive use of a limited liability company name, including an assumed or fictitious name, by executing and delivering for filing an application to the Secretary of State. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the Secretary of State finds that the limited liability company name applied for is available, the Secretary of State shall reserve the name for the applicant's exclusive use for a nonrenewable period of 120 days.

2.__Transfer of reservation.__The owner of a reserved limited liability company name under subsection 1 may transfer the reservation to another person by executing and delivering for filing to the Secretary of State a notice of the transfer, signed by the transferor, that states the name and address of the transferee.

Sec. C-23. 31 MRSA §605, as enacted by PL 1993, c. 718, Pt. A, §1, is repealed.

Sec. C-24. 31 MRSA §605-A is enacted to read:

§605-A.__Assumed or fictitious name of limited liability company