§1011. Filing duty of Secretary of State
1. Duty to file. If a document delivered to the office of the Secretary of State for filing pursuant to this chapter satisfies the requirements of section 1005, the Secretary of State shall file the document.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
2. Recording as filed; acknowledgment. The Secretary of State files a document pursuant to subsection 1 by recording it as filed on the date of receipt. After filing a document, the Secretary of State shall deliver to the partnership or its representative a copy of the document with an acknowledgment of the date of filing.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
3. Refusal to file; written explanation. If the Secretary of State refuses to file a document, the Secretary of State shall return it to the partnership or its representative within 5 days after the document was delivered, together with a brief, written explanation of the reason for the refusal.
[PL 2005, c. 543, Pt. A, §2 (NEW).]
4. Ministerial. The Secretary of State's duty to file a document under this section is ministerial, and the filing or refusal to file a document does not:
A. Affect the validity or invalidity of the document in whole or part; [PL 2005, c. 543, Pt. A, §2 (NEW).]
B. Relate to the correctness or incorrectness of information contained in the document; or [PL 2005, c. 543, Pt. A, §2 (NEW).]
C. Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect. [PL 2005, c. 543, Pt. A, §2 (NEW).]
[PL 2005, c. 543, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 543, §A2 (NEW).
Structure Maine Revised Statutes
TITLE 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 17: UNIFORM PARTNERSHIP ACT
Subchapter 1: GENERAL PROVISIONS
31 §1002. Knowledge and notice
31 §1003. Effect of partnership agreement; nonwaivable provisions
31 §1004. Supplemental principles of law
31 §1005. Execution, filing and recording of statements
31 §1007. Partnership subject to amendment or repeal of chapter
31 §1009. Filing, service and copying fees
31 §1011. Filing duty of Secretary of State
31 §1012. Appeal Secretary of State's refusal to file document
31 §1013. Evidentiary effect of copy of filed document
31 §1014. Penalty for signing false document