‘An Act To Amend the Laws Relating to Marks, Corporations, Limited Partnerships, Limited Liability Companies and Registered Agents’
| SP0788 LD 1994 |
Second Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF |
LR 3224 Item 2 |
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| Bill Tracking | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Amend the Laws Relating to Marks, Corporations, Limited Partnerships, Limited Liability Companies and Registered Agents’
Amend the bill by inserting after the title and before the enacting clause the following:
‘Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 5, chapter 6-A, which governs the appointment and maintenance of clerks and registered agents for business and nonprofit corporations, limited liability companies, limited partnerships and limited liability partnerships in this State, becomes effective July 1, 2008, and changes to that law and other entity laws administered by the Secretary of State must be in place by July 1, 2008 in order for the Secretary of State to properly administer these laws; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,’
Amend the bill by inserting after the enacting clause and before section 1 the following:
PART A
‘’Sec. .
Amend the bill by striking out all of section 3.
Amend the bill by inserting after section 7 the following:
‘Sec. 8. Effective date. This Part takes effect 90 days after adjournment of the Second Regular Session of the 123rd Legislature.
PART B
Sec. B-1. 5 MRSA §107, sub-§1, as enacted by PL 2007, c. 323, Pt. A, §1 and affected by Pt. G, §4, is amended to read:
Sec. B-2. 13-B MRSA §304-A is enacted to read:
§ 304-A. Registered agent of domestic nonprofit corporation
Each domestic nonprofit corporation must have and shall continuously maintain a registered agent in this State as defined in Title 5, chapter 6-A.
Sec. B-3. 13-B MRSA §1212-B is enacted to read:
§ 1212-B. Registered agent of foreign nonprofit corporation
Each foreign nonprofit corporation must have and shall continuously maintain a registered agent in this State as defined in Title 5, chapter 6-A.
Sec. B-4. 13-C MRSA §511, as enacted by PL 2007, c. 323, Pt. C, §11 and affected by Pt. G, §4, is amended by adding at the end a new paragraph to read:
The clerk required under this section is also governed by Title 5, chapter 6-A.
Sec. B-5. 13-C MRSA §1507-A is enacted to read:
§ 1507-A. Registered agent of foreign corporation
Each foreign corporation authorized to transact business in this State must have and shall continuously maintain a registered agent in this State as defined in Title 5, chapter 6-A.
Sec. B-6. 31 MRSA §607-A is enacted to read:
§ 607-A. Registered agent of domestic limited liability company
Each domestic limited liability company must have and shall continuously maintain a registered agent in this State as defined in Title 5, chapter 6-A.
Sec. B-7. 31 MRSA §714, sub-§2-B is enacted to read:
Sec. B-8. 31 MRSA §807-A is enacted to read:
§ 807-A. Registered agent of limited liability partnership
Each registered limited liability partnership must have and shall continuously maintain a registered agent in this State as defined in Title 5, chapter 6-A.
Sec. B-9. 31 MRSA §854, sub-§2-B is enacted to read:
Sec. B-10. 31 MRSA §1314-A is enacted to read:
§ 1314-A. Registered agent of domestic or foreign limited partnership
Each limited partnership must have and shall continuously maintain a registered agent in this State as defined in Title 5, chapter 6-A.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect July 1, 2008 unless otherwise provided.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment does the following.
It deletes the section of the bill concerning judicial dissolution of public corporations.
It adds a Part B to add specific language in the different laws governing entities to conform to the new registered agents law. The new language directs filers to the law governing clerks and registered agents.
It adds an emergency preamble and an emergency clause to make Part B, which addresses the conformity with the registered agents law, take effect July 1, 2008, which is the effective date of the registered agents law enacted by Public Law 2007, chapter 323.