An Act To Protect Maine Business Names
Maine Legislature, Session 126, LD 0046
Committee Amendment CA_A_H60 (House)
Amends: 13-B MRSA §302-A, 31 MRSA §1309, 31 MRSA §1509

COMMITTEE AMENDMENT" R" to H.P. 41, L.D. 46, Bill, "An Act To Protect 
Maine Business Names" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 13-B MRSA §302-A, sub-§1, as enacted by PL 2003, c. 344, Pt. B, § 11, 
is amended to read: 
1. Reserve use of name. A person may reserve the exclusive use of a corporate 
name, including an assumed or fictitious name, by executing and deliveting for filing as 
provided in section 106 an application to the Secretary of State. The application must be 
executed by a duly authorized person and must set forth the name and address of the 
applicant and the name proposed to be reserved. If the Secretary of State finds that the 
corporate name applied for is available, the Secretary of State shall reserve the name for 
the applicant's exclusive use for a nonrenevlable period of 120 days. The reservation may 
not be renewed, but after the expiration of the reservation, the same name may be 
reserved by the same or another applicant. 
Sec. 2. 13-C MRS A §402, sub-§1, as enacted by PL 2001, c. 640, Pt. A, §2 and 
affected by Pt. B, §7, is amended to read: 
1. Reserve use of name. A person may reserve the exclusive use of a corporate 
name, including an assumed or fictitious name, by delivering for filing an application to 
the Secretary of State. 
The application must set forth the name and address of the 
applicant and the name proposed to be reserved. If the Secretary of State finds that the 
corporate name applied for is available, the Secretary of State shall reserve the name for 
. the applicant's exclusive use for a nonrenev/able period of 120 days. The reservation may 
not be renewed, but after the expiration of the reservation, the same name may be 
reserved by the same or another applicant. 
Sec. 3. 31 MRS A §804-A, sub-§1, as enacted by PL 2003, c. 344, Pt. C, §37, is 
amended to read: 
COMMITTEE AMENDMENT 
, .' 
""c, 
-. 
COMMITTEE AMENDMENT" A'~ to H.P. 41, L.D. 46 
1. Reserve use of name. A person may reserve the exclusive use of a limited 
liability partnership name, including an assumed or fictitious name, by executing and 
delivering for filing an application to the Secretary of State. The application must set 
forth the name and address of the applicant and the name proposed to be reserved. If the 
Secretary of State finds that the limited liability partnership name applied for is available, 
the Secretary of State shall reserve the name for the applicant's exclusive use for a 
nonrenev/able period of 120 days. The reservation may not be renewed, but after the 
expiration of the reservation, the same name may be reserved by the same or another 
applicant. 
Sec. 4. 31 MRSA §1309, sub-§l, ,B, as enacted by PL 2005, c. 543, Pt. C, §2, is 
amended to read: 
B. If the Secretary of State finds th8t the limited partnership name applied for is 
distinguishable on the records of the Secretary of State pursuant to section 1308, the 
Secretary of State shall reserve the n:'lme for the applicant's exclusive use for a 
nonrenewable period of 120 days. Th~ reservation may not be renewed, but after the 
expiration of the reservation, the same name may be reserved by the same or another 
applicant. 
Sec. 5. 31 MRSA §1509, sub-§l, as enacted by PL 2009, c. 629, Pt. A, §2 and 
affected by §3, is amended to read: 
1. Reserve use of name. A person may reserve the exclusive use of a limited 
liability company name, including an a5sumed or fictitious name, by executing and 
delivering for filing an application to the office of the Secretary of State. The application 
must set forth the name and address of the applicant and the name proposed to be 
reserved. If the Secretary of State finds that the limited liability company name applied 
for is available, the Secretary of State shaH reserve the name for the applicant's exclusive 
use for a nonrenev/able period of 120 days. The reservation may not be renewed, but 
after the expiration of the reservation, the same name may be reserved by the same or 
another applicant. 
Sec. 6. Protection of business names. The Secretary of State shall develop 
options for the filing and protection of business names. The development process must 
include at least the following: 
analysis of similar programs in other jurisdictions, 
consideration of statewide registration for different entities, the consequences of 
including sole proplietorships and general partnerships, the relation to the registration of 
marks and the costs and appropliate fees. The Secretary of State shall submit a report on 
the options developed under this section to the Joint Standing Committee on Judiciary no 
later than February 15,2014. The Joint Standing Committee on Judiciary may introduce a 
bill to the Second Regular Session of the 126th Legislature in response to the report 
submitted by the Secretary of State under this section.' 
SUMMARY 
This amendment replaces the bill. The amendment addresses a potential ambiguity 
with regard to the reservation of a business name under the laws governing nonprofit 
corporations, business corporations, limited liability partnerships, limited partnerships 
and limited liability companies. 
The change clalifies that although a subsequent 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 41, L.D. 46 
reservation is not considered a renewal of the reserved name, the same name can be 
reserved by the same applicant after the 120-day reservation period expires. Another 
applicant is also eligible to reserve the name once the 120-day period expires. 
This amendment also directs the Secretary of State to develop options for the filing 
and protection of business names, and to report those options to the Joint Standing 
Committee on Judiciary by February 15, 2014. 
The Joint Standing Committee on 
Judiciary may submit a bill in response to the report. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal D~t~i1 and Notes 
Approved: 03/28/13 
~a"c:. 
LD46 
LR 755(02) 
An Act To Protect Maine Business Names 
Fiscal Note for Bill as Amended by Committee Amendment"~ 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of the Secretary of State associated with developing the options and reporting the 
results can be absorbed within existing budgeted resources. 
LR0755(o2) - Fiscal Note - Palle 1 of 1