§858-A. Effect of failure to qualify
1. No action or proceeding until granted authority; fees paid. A foreign limited liability partnership transacting business in this State may not maintain an action or proceeding in this State until it is granted authority to do business in this State and pays to the State all fees and penalties for the years or parts of years during which it did business in this State without having been granted authority to do business.
[PL 2005, c. 543, Pt. B, §7 (NEW); PL 2005, c. 543, Pt. B, §15 (AFF).]
2. Validity of contract or act; defend action or proceeding. The failure of a foreign limited liability partnership to obtain authority to do business in this State in accordance with this chapter does not impair the validity of a contract or act of the foreign limited liability partnership or preclude it from defending an action or proceeding in this State.
[PL 2005, c. 543, Pt. B, §7 (NEW); PL 2005, c. 543, Pt. B, §15 (AFF).]
3. Limitation on personal liability. A limitation on personal liability of a partner is not waived solely by transacting business in this State without being granted authority to do business in this State.
[PL 2005, c. 543, Pt. B, §7 (NEW); PL 2005, c. 543, Pt. B, §15 (AFF).]
4. Agent for service of process. If a foreign limited liability partnership transacts business in this State without being granted the authority to do business in this State, the Secretary of State is its agent for service of process with respect to a right of action arising out of the transaction of business in this State.
[PL 2005, c. 543, Pt. B, §7 (NEW); PL 2005, c. 543, Pt. B, §15 (AFF).]
SECTION HISTORY
PL 2005, c. 543, §B7 (NEW). PL 2005, c. 543, §B15 (AFF).
Structure Maine Revised Statutes
TITLE 31: PARTNERSHIPS AND ASSOCIATIONS
Chapter 15: LIMITED LIABILITY PARTNERSHIPS
Subchapter 3: FOREIGN LIMITED LIABILITY PARTNERSHIPS
31 §851. Laws governing foreign limited liability partnerships
31 §852. Authority to do business required; application
31 §853. Evidence of authority to do business
31 §854. Name; registered office; registered agent
31 §855. Amendments to application
31 §856. Certificate of correction
31 §857. Cancellation of authority to do business
31 §858. Doing business without authority; treatment as general partnership (REPEALED)
31 §858-A. Effect of failure to qualify
31 §859. Doing business without authority; revocation by Secretary of State (REPEALED)
31 §859-A. Grounds for revocation
31 §859-B. Procedure for and effect of revocation
31 §859-C. Appeal from revocation
31 §859-D. Reinstatement following revocation (REPEALED)
31 §859-E. Appeal from denial of reinstatement (REPEALED)
31 §860. Execution of documents; liability for false statements