An Act To Protect Maine Business Names
Maine Legislature, Session 126, LD 0046
Committee: Judiciary
Sponsors: BECK, LACHOWICZ, GILBERT, LONGSTAFF
Amends: 13 MRSA §911, 13-B MRSA §301-A, 13-C MRSA §401, 31 MRSA §803-A, 31 MRSA §1308, 31 MRSA §1508

Legislative Document 
No. 46 
H.P. 41 
House of Representatives, January 17, 2013 
An Act To Protect Maine Business Names 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative BECK of Waterville. 
Cosponsored by Senator LACHOWICZ of Kennebec and 
Representatives: GILBERT of Jay, LONGSTAFF of Waterville. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  13 MRSA §911, sub-§6, ¶¶B and C, as enacted by PL 2009, c. 56, §9, 
are amended to read: 
B.  The presence or absence of the words or symbols of the words "and" and "the"; 
and 
C.  The differences in the use of punctuation, capitalization or special characters.; and 
Sec. 2.  13 MRSA §911, sub-§6, ¶D is enacted to read: 
D.  The presence or absence of the words or symbols of the words or numbers "too," 
"two," "2," "II" and "ii." 
Sec. 3.  13-B MRSA §301-A, sub-§6, ¶¶B and C, as enacted by PL 2003, c. 
344, Pt. B, §9, are amended to read: 
B.  The presence or absence of the words or symbols of the words "and" and "the"; 
and 
C.  The differences in the use of punctuation, capitalization or special characters.; and 
Sec. 4.  13-B MRSA §301-A, sub-§6, ¶D is enacted to read: 
D.  The presence or absence of the words or symbols of the words or numbers "too," 
"two," "2," "II" and "ii." 
Sec. 5.  13-C MRSA §401, sub-§6, ¶¶B and C, as amended by PL 2003, c. 344, 
Pt. B, §46, are further amended to read: 
B.  The presence or absence of the words or symbols of the words "and" and "the"; 
and 
C.  The differences in the use of punctuation, capitalization or special characters.; and 
Sec. 6.  13-C MRSA §401, sub-§6, ¶E is enacted to read: 
E.  The presence or absence of the words or symbols of the words or numbers "too," 
"two," "2," "II" and "ii." 
Sec. 7.  31 MRSA §803-A, sub-§6, ¶¶B and C, as enacted by PL 2003, c. 344, 
Pt. C, §35, are amended to read: 
B.  The presence or absence of the words or symbols of the words "and" and "the"; 
and 
C.  Differences in the use of punctuation, capitalization or special characters.; and 
Sec. 8.  31 MRSA §803-A, sub-§6, ¶D is enacted to read: 
D.  The presence or absence of the words or symbols of the words or numbers "too," 
"two," "2," "II" and "ii." 
Sec. 9.  31 MRSA §1308, sub-§1, ¶F, as enacted by PL 2005, c. 543, Pt. C, §2, is 
amended to read: 
F.  In determining whether names are distinguishable on the records, the Secretary of 
State shall disregard the following: 
(1)  Words or abbreviations of words that describe the nature of the entity, 
including "professional association," "corporation," "company," "incorporated," 
"chartered," "limited," "limited partnership," "limited liability company," 
"professional limited liability company," "limited liability partnership," 
"registered limited liability partnership," "limited liability limited partnership," 
"service corporation" and "professional corporation"; 
(2)  The presence or absence of the words or symbols of the words "and" and 
"the"; and 
(3)  Differences in the use of punctuation, capitalization or special characters.; 
and 
(4)  The presence or absence of the words or symbols of the words or numbers 
"too," "two," "2," "II" and "ii." 
Sec. 10.  31 MRSA §1508, sub-§6, ¶¶B and C, as enacted by PL 2009, c. 629, 
Pt. A, §2 and affected by §3, are amended to read: 
B.  The presence or absence of the words or symbols of the words "and" and "the"; 
and 
C.  Differences in the use of punctuation, capitalization or special characters.; and 
Sec. 11.  31 MRSA §1508, sub-§6, ¶D is enacted to read: 
D.  The presence or absence of the words or symbols of the words or numbers "too," 
"two," "2," "II" and "ii." 
SUMMARY 
This bill requires the Secretary of State to disregard certain words, symbols and 
numbers when determining whether the name of a business entity is distinguishable from 
the names of other business entities.