§1326. Delivery to and filing of records by Secretary of State; effective time and date
1. Requirements for filing. A record authorized or required to be delivered to the Secretary of State for filing under this chapter must be captioned to describe the record's purpose, be in a medium permitted by the Secretary of State and be delivered to the Secretary of State. Unless the Secretary of State determines that a record does not comply with the filing requirements of this chapter, and if all filing fees have been paid, the Secretary of State shall file the record and:
A. For a statement of dissociation, send:
(1) A copy of the filed statement and a receipt for the fees to the person the statement indicates has dissociated as a general partner; and
(2) A copy of the filed statement and receipt to the limited partnership; [PL 2005, c. 543, Pt. C, §2 (NEW).]
B. For a statement of withdrawal, send:
(1) A copy of the filed statement and a receipt for the fees to the person on whose behalf the record was filed; and
(2) If the statement refers to an existing limited partnership, a copy of the filed statement and receipt to the limited partnership; and [PL 2005, c. 543, Pt. C, §2 (NEW).]
C. For all other records, send a copy of the filed record and a receipt for the fees to the person on whose behalf the record was filed. [PL 2005, c. 543, Pt. C, §2 (NEW).]
[PL 2005, c. 543, Pt. C, §2 (NEW).]
2. Certified copy upon request. Upon request and payment of a fee, the Secretary of State shall send to the requester a certified copy of the requested record.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
3. Effective date; specified; default. Except as otherwise provided in section 1327, a record delivered to the Secretary of State for filing under this chapter may specify an effective time and a delayed effective date. Except as otherwise provided in this chapter, a record filed by the Secretary of State is effective:
A. If the record does not specify an effective time and does not specify a delayed effective date, on the date and at the time the record is filed as evidenced by the Secretary of State endorsement of the date and time on the record; [PL 2005, c. 543, Pt. C, §2 (NEW).]
B. If the record specifies an effective time but not a delayed effective date, on the date the record is filed at the time specified in the record; [PL 2005, c. 543, Pt. C, §2 (NEW).]
C. If the record specifies a delayed effective date but not an effective time, at 12:01 a.m. on the earlier of:
(1) The specified date; and
(2) The 90th day after the record is filed; or [PL 2005, c. 543, Pt. C, §2 (NEW).]
D. If the record specifies an effective time and a delayed effective date, at the specified time on the earlier of:
(1) The specified date; and
(2) The 90th day after the record is filed. [PL 2005, c. 543, Pt. C, §2 (NEW).]
[PL 2007, c. 323, Pt. F, §13 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2005, c. 543, §C2 (NEW). PL 2007, c. 323, Pt. F, §13 (AMD). PL 2007, c. 323, Pt. G, §4 (AFF).
Structure Maine Revised Statutes
TITLE 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 19: UNIFORM LIMITED PARTNERSHIP ACT
Subchapter 2: FORMATION; CERTIFICATE OF LIMITED PARTNERSHIP AND OTHER FILINGS
31 §1321. Formation of limited partnership; certificate of limited partnership
31 §1322. Amendment or restatement of certificate
31 §1323. Statement of termination
31 §1325. Signing and filing pursuant to judicial order
31 §1326. Delivery to and filing of records by Secretary of State; effective time and date
31 §1327. Correcting filed record
31 §1328. Liability for false information in filed record
31 §1329. Certificate of existence; certificate of authority; certificate of fact