LD 792
pg. 2
Page 1 of 2 An Act To Allow Limited Partnerships between Brewers and Wholesalers LD 792 Title Page
Download Bill Text
LR 819
Item 1

 
(2) Supplying legal advertising signs used by the
wholesale licensee in the course of the wholesale
licensee's business; and

 
(3) Supplying uniforms for the employees of the wholesale
licensee.

 
3.__Limited partnership between certificate of approval holder
and wholesale licensee.__Notwithstanding any provision of this
Title, a certificate of approval holder or its affiliate or
subsidiary may participate as a limited partner in a limited
partnership as defined in Title 31, section 402 in which the
wholesale licensee is the general partner and may lend money to
the partnership and to the general partner.

 
A.__Notwithstanding the provisions of Title 31, section 433,
subsection 1, a certificate of approval holder or its
affiliate or subsidiary that participates in a limited
partnership pursuant to this subsection may not require as a
term or condition to any such partnership agreement that the
certificate of approval holder or its affiliate or
subsidiary be given any right to participate in the control
of the partnership's business.

 
B.__Notwithstanding the provisions of Title 31, chapter 11,
a limited partnership established pursuant to this
subsection terminates within 10 years of the date of filing
the certificate of limited partnership pursuant to Title 31,
section 421.

 
SUMMARY

 
Currently, because brewers are not permitted by law to have a
financial interest in a wholesaler, brewers cannot provide
financing to prospective wholesalers who may have the necessary
business expertise but who lack sufficient capital with which to
buy a malt liquor distributorship.

 
This bill allows brewers and wholesalers to form limited
partnerships where the brewer would be the limited partner while
the wholesaler would be the general partner. Consistent with the
Maine Revised Uniform Limited Partnership Act, only the general
partner would be involved in day-to-day management. The bill
also provides a 10-year maximum term for any brewer and
wholesaler limited partnership.


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