LD 1609
pg. 10
Page 9 of 146 PUBLIC Law Chapter 543 Page 11 of 146
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LR 1469
Item 1

 
1.__Informational publications.__The Secretary of State may
establish by rule a fee schedule to cover the cost of printing and
distribution of publications and to set forth the procedures for
the sale of these publications. Rules adopted pursuant to this
subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A.

 
2.__Funds; fees deposited.__All fees collected pursuant to
this section must be deposited in a fund for use by the Secretary
of State for the purpose of replacing and updating publications
offered in accordance with this Title and for funding new
publications.

 
SUBCHAPTER 2

 
NATURE OF PARTNERSHIP

 
§1021.__Partnership as entity

 
1.__Distinct from partners.__A partnership is an entity
distinct from its partners.

 
2.__Limited liability partnership.__A limited liability
partnership continues to be the same entity that existed before
the filing of a statement of qualification under section 821.

 
§1022.__Formation of partnership

 
1.__Formation of partnership.__Except as otherwise provided in
subsection 2, the association of 2 or more persons to carry on as
co-owners a business for profit forms a partnership, whether or
not the persons intend to form a partnership.

 
2.__Not partnership.__An association formed under a statute
other than this chapter, a predecessor statute or a comparable
statute of another jurisdiction is not a partnership under this
chapter.

 
3.__Determination of formation; rules.__In determining whether
a partnership is formed, the following rules apply.

 
A.__Joint tenancy, tenancy in common, tenancy by the
entireties, joint property, common property or part
ownership does not by itself establish a partnership, even
if the co-owners share profits made by the use of the
property.

 
B.__The sharing of gross returns does not by itself establish a
partnership, even if the persons sharing them


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