| | 8.__Exception.__Notwithstanding subsection 2, the name of a | limited liability partnership may be not distinguishable on the | records of the Secretary of State if the foreign limited | liability partnership was authorized to do business in this State | prior to January 1, 1996 and had the right to use the name as its | legal name before that date. |
|
| | 9.__Name of limited liability partnership revoked.__Subsection | 2 does not apply to the name of any partnership whose status as a | limited liability partnership has been revoked on and after the | 3rd anniversary of the revocation. |
|
| | Sec. C-36. 31 MRSA §804, as enacted by PL 1995, c. 633, Pt. B, §1, | is repealed. |
|
| | Sec. C-37. 31 MRSA §804-A is enacted to read: |
|
| | 1.__Reserve use of name.__A person may reserve the exclusive | use of a limited liability partnership 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 partnership 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 partnership 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-38. 31 MRSA §805, as enacted by PL 1995, c. 633, Pt. B, §1, | is repealed. |
|
| | Sec. C-39. 31 MRSA §805-A is enacted to read: |
|
| §805-A.__Assumed or fictitious name of limited liability |
|
| | 1.__Assumed name defined.__As used in this section, "assumed | name" means a trade name or any name other than the real name of | a limited liability partnership except a fictitious name. |
|
| | 2.__Fictitious name defined.__As used in this section, | "fictitious name" means a name adopted by a foreign limited |
|
|