§1677. Signing and filing pursuant to judicial order
1. Petition. If a person required by this chapter to sign a record or deliver a record to the office of the Secretary of State for filing under this chapter does not do so, any other person that is aggrieved by such failure to sign may petition the Kennebec County Superior Court to order:
A. The person to sign the record; [PL 2009, c. 629, Pt. A, §2 (NEW); PL 2009, c. 629, Pt. A, §3 (AFF).]
B. The person to deliver the record to the office of the Secretary of State for filing; or [PL 2009, c. 629, Pt. A, §2 (NEW); PL 2009, c. 629, Pt. A, §3 (AFF).]
C. The Secretary of State to file the record unsigned. [PL 2009, c. 629, Pt. A, §2 (NEW); PL 2009, c. 629, Pt. A, §3 (AFF).]
[PL 2009, c. 629, Pt. A, §2 (NEW); PL 2009, c. 629, Pt. A, §3 (AFF).]
2. Party to action. If a petitioner under subsection 1 is not the limited liability company or foreign limited liability company to whom the record pertains, the petitioner shall make the limited liability company or foreign limited liability company a party to the action. A person aggrieved under subsection 1 may seek the remedies provided in subsection 1 in a separate action against the person required to sign the record or as a part of any other action concerning the limited liability company in which the person required to sign the record is made a party.
[PL 2011, c. 691, Pt. A, §32 (AMD).]
3. Reasonable expenses. A court may award reasonable expenses, including reasonable attorney's fees, to the party or parties who prevail, in whole or in part, with respect to any claim made under subsection 1.
[PL 2009, c. 629, Pt. A, §2 (NEW); PL 2009, c. 629, Pt. A, §3 (AFF).]
SECTION HISTORY
PL 2009, c. 629, Pt. A, §2 (NEW). PL 2009, c. 629, Pt. A, §3 (AFF). PL 2011, c. 113, Pt. B, §16 (AMD). PL 2011, c. 691, Pt. A, §32 (AMD).
Structure Maine Revised Statutes
TITLE 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 21: LIMITED LIABILITY COMPANIES
Subchapter 13: ADMINISTRATIVE PROVISIONS
31 §1661. Registered agent for limited liability company
31 §1664. Certificate of existence; certificate of qualification; certificate of fact
31 §1665. Annual report for Secretary of State
31 §1666. Amended annual report of limited liability company or foreign limited liability company
31 §1667. Failure to file annual report; incorrect report; penalties
31 §1668. Powers of the Secretary of State; rules
31 §1672. Filing duty of Secretary of State
31 §1673. Requirements for documents filed with the Secretary of State
31 §1674. Effective time, delayed effective date
31 §1675. Correcting filed record; effective time and date
31 §1676. Signing of records to be delivered for filing to office of the Secretary of State
31 §1677. Signing and filing pursuant to judicial order
31 §1678. Liability for incorrect or inaccurate information in filed record