reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 3: SHARES › 13 §745. Court action to appraise shares

§745. Court action to appraise shares
1.  Demand for proceeding.
If a disqualified person does not accept a professional corporation's offer under section 744, subsection 2 within the 30-day period, the disqualified person at any time during the 60-day period following the effective date of the notice may deliver a written notice to the corporation demanding that it commence a proceeding to determine the fair value of the shares. The corporation may commence a proceeding at any time during the 60 days following the effective date of its offer notice. If the corporation does not commence such a proceeding, the disqualified person may commence a proceeding against the corporation to determine the fair value of those shares.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
2.  Court procedure.
A professional corporation or disqualified person shall commence a proceeding under this section in the Superior Court of the county where the corporation's principal office or, if there is no principal office in this State, its registered office is located. The corporation shall make the disqualified person a party to the proceeding as in an action against the disqualified person's shares. The jurisdiction of the court in which the proceeding is commenced is plenary and exclusive.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
3.  Appraisers.
The court may appoint one or more persons as appraisers to receive evidence and recommend decision on the question of fair value. The appraisers have the power described in the order appointing them or in any amendment to it.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
4.  Valuation date.
A disqualified person is entitled to judgment for the fair value of the person's shares determined by the court as of the date of death, disqualification or transfer together with interest from that date at a rate found by the court to be fair and equitable.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
5.  Payment installments.
The court may order a judgment ordered under this section paid in installments determined by the court.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 3: SHARES › 13 §746. Court costs and fees of experts

§746. Court costs and fees of experts
1.  Assessment of costs.
The court in an appraisal proceeding commenced under section 745 shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court, and shall assess the costs against the professional corporation; except that the court may assess costs against the disqualified person in an amount the court finds equitable if the court finds the person acted arbitrarily, vexatiously or not in good faith in refusing to accept the corporation's offer.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
2.  Assessment against corporation.
In addition to costs assessed under subsection 1, the court may assess the fees and expenses of counsel and experts for a disqualified person against the professional corporation and in favor of the person if the court finds that the fair value of the person's shares substantially exceeded the amount offered by the corporation or that the corporation did not make an offer.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 3: SHARES › 13 §747. Cancellation of disqualified shares

§747. Cancellation of disqualified shares
If the shares of a disqualified person are not acquired pursuant to section 743 within 10 months after the death of the shareholder or within 5 months after the disqualification or transfer, the professional corporation shall immediately cancel the shares on its books and the disqualified person has no further interest as a shareholder in the corporation other than the right to payment for the shares under section 743.   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 4: GOVERNANCE › 13 §751. Directors and officers

§751. Directors and officers
Not less than a majority of the directors of a professional corporation and all of its officers, except the clerk, secretary and treasurer, if any, must be qualified persons with respect to the corporation.   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 4: GOVERNANCE › 13 §752. Voting of shares

§752. Voting of shares
1.  Right to vote.
Except as otherwise provided in this section, only a qualified person may vote the shares of a professional corporation.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
2.  Proxies.
Only a qualified person may be appointed a proxy to vote shares of a professional corporation.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
3.  Voting trusts.
A voting trust with respect to shares of a professional corporation is not valid unless all of its trustees and beneficiaries are qualified persons; except that, if a beneficiary who is a qualified person dies or becomes a disqualified person, a voting trust valid under this subsection continues to be valid for 10 months after the date of death or for 5 months after the disqualification occurred.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
4.  Limited voting right.
Any shares transferred to a disqualified person by reason of the death of a qualified person or by operation of law may be voted by such disqualified person only for the purposes of amending the articles of incorporation to convert to a regular business corporation or dissolving the professional corporation.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 4: GOVERNANCE › 13 §753. Responsibility for professional services

§753. Responsibility for professional services
1.  Relationship between professional and recipient of services.
This chapter does not modify the liability of a person rendering a professional service with respect to that service.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
2.  Shareholder liability for debts and claims.
Except as provided in subsection 3, the liability of shareholders for the debts of and claims against a corporation is the same as that of shareholders of a business corporation.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
3.  Shareholder liability arising from rendering professional service.
A shareholder is jointly and severally liable for claims arising from the rendering of a professional service by a domestic professional corporation or foreign professional corporation if that shareholder:
A. Personally and directly participated in rendering that portion of a professional service that was performed negligently or in breach of any other legal duty; or   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
B. Directly supervised and controlled that portion of a professional service rendered by another person that was performed negligently or in breach of any other legal duty.   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 5: REORGANIZATION AND TERMINATION › 13 §761. Merger

§761. Merger
1.  Merger allowed.
A professional corporation may merge with another domestic professional corporation or foreign professional corporation or with a domestic or foreign business entity as defined in Title 13-C if all the interest holders of the constituent entities are qualified to be interest holders of the surviving entity.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
2.  Compliance.
After a merger in accordance with subsection 1, if the surviving corporation is to render in this State any of the professional services described in section 723, subsection 7, paragraph A, the surviving corporation must comply with this Act.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 5: REORGANIZATION AND TERMINATION › 13 §762. Termination of professional activities

§762. Termination of professional activities
If a professional corporation ceases to render professional services, it must amend its articles of incorporation to delete references to rendering professional services and to conform its corporate name to the requirements of Title 13-C, section 401. After the amendment becomes effective, the corporation may continue in existence as a business corporation under Title 13-C and the corporation is no longer subject to this Act.   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 5: REORGANIZATION AND TERMINATION › 13 §763. Judicial dissolution

§763. Judicial dissolution
The Attorney General may commence a proceeding under Title 13‑C, sections 1430 to 1433 to dissolve a professional corporation if:   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
1.  Service of notice of violation.
The Secretary of State serves written notice on the professional corporation under Title 5, section 113 that it has violated or is violating a provision or provisions of this Act;
[PL 2007, c. 323, Pt. G, §1 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Failure to correct.
The professional corporation does not correct each alleged violation or demonstrate to the reasonable satisfaction of the Secretary of State that the violation or violations did not occur, within 60 days after service of the notice is perfected under Title 5, section 113; and
[PL 2007, c. 323, Pt. G, §2 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Certify.
The Secretary of State certifies to the Attorney General a description of the violation or violations, that it notified the professional corporation of the violation or violations and that the corporation did not correct the violation or violations or demonstrate that the violation or violations did not occur, within 60 days after perfection of service of the notice.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF). PL 2007, c. 323, Pt. G, §§1, 2 (AMD). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 6: FOREIGN PROFESSIONAL CORPORATIONS › 13 §771. Authority to transact business

§771. Authority to transact business
1.  Prohibition.
Except as provided in subsection 3, a foreign professional corporation may not transact business in this State until it obtains authority from the Secretary of State.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
2.  Preconditions.
A foreign professional corporation may not obtain authority to transact business in this State unless:
A. Its corporate name satisfies the requirements of section 736;   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
B. It is incorporated for one or more of the purposes described in section 732; and   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
C. All of its shareholders, not less than a majority of its directors and all of its officers other than its clerk, secretary and treasurer, if any, are licensed in one or more states to render a professional service described in its articles of incorporation.   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
3.  Office required.
A foreign professional corporation is not required to obtain authority to transact business in this State unless it maintains or intends to maintain an office in this State for conduct of business or professional practice.
[PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 22-A: MAINE PROFESSIONAL SERVICE CORPORATION ACT › Subchapter 6: FOREIGN PROFESSIONAL CORPORATIONS › 13 §772. Application for authority to transact business

§772. Application for authority to transact business
The application of a foreign professional corporation for authority to render professional services in this State must contain the information set forth in Title 13-C, section 1503 and in addition include a statement that all of its shareholders, not less than a majority of its directors and all of its officers other than its clerk, secretary and treasurer, if any, are licensed in one or more states to render a professional service described in its articles of incorporation.   [PL 2001, c. 640, Pt. B, §2 (NEW); PL 2001, c. 640, Pt. B, §7 (AFF).]
SECTION HISTORY
PL 2001, c. 640, §B2 (NEW). PL 2001, c. 640, §B7 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §801. Short title; legislative findings (REPEALED)

§801. Short title; legislative findings
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1981, c. 659, §1 (AMD). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §802. Definitions (REPEALED)

§802. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1979, c. 127, §89 (AMD). PL 1981, c. 659, §§2-9 (AMD). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §803. Disclosure (REPEALED)

§803. Disclosure
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1981, c. 659, §§10-12 (AMD). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §804. Permission to proceed; hearings (REPEALED)

§804. Permission to proceed; hearings
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1981, c. 659, §§13,14 (AMD). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §805. Mailing to shareholders; payment of expenses (REPEALED)

§805. Mailing to shareholders; payment of expenses
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §806. Time for filing (REPEALED)

§806. Time for filing
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §807. Investigations (REPEALED)

§807. Investigations
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §808. Prohibited acts (REPEALED)

§808. Prohibited acts
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1981, c. 659, §§15,16 (AMD). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §809. Limitation on tender offers (REPEALED)

§809. Limitation on tender offers
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1981, c. 659, §17 (AMD). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §810. Voting of securities; restrictions (REPEALED)

§810. Voting of securities; restrictions
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §811. Promulgation of regulations (REPEALED)

§811. Promulgation of regulations
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1981, c. 659, §18 (AMD). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §812. Injunctions (REPEALED)

§812. Injunctions
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1979, c. 127, §90 (AMD). PL 1981, c. 659, §§19-21 (AMD). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §813. Criminal penalties (REPEALED)

§813. Criminal penalties
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §814. Civil penalties (REPEALED)

§814. Civil penalties
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §815. Rights and remedies (REPEALED)

§815. Rights and remedies
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §816. Appeals procedure; judicial review (REPEALED)

§816. Appeals procedure; judicial review
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 1: CORPORATIONS GENERALLY › Chapter 23: TAKEOVER BID DISCLOSURE LAW (REPEALED) › 13 §817. Application of law (REPEALED)

§817. Application of law
(REPEALED)
SECTION HISTORY
PL 1977, c. 669 (NEW). PL 1981, c. 659, §§22-24 (AMD). PL 1985, c. 619 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §901. Organization

§901. Organization
When 3 or more persons desire to be incorporated for any literary, scientific, musical, charitable, educational, social, agricultural, environmental, moral, religious, civic or other lawful and similarly benevolent or nonprofit purpose or for the purpose of fostering, encouraging and assisting the physical location, settlement or resettlement of industrial, manufacturing, fishing, agricultural and other business enterprises and recreational projects in any locality within the State, as a corporation without capital stock, they may do so by preparing and filing a certificate as set forth in section 903. The formation of a corporation by one or more municipalities, including a local development corporation, a council of government and a regional planning commission, must be incorporated by a majority of the municipal officers of each of its charter member municipalities. This section does not apply to corporations that are required to be organized under Title 13-B or that elect to be organized under Title 13-B.   [PL 1993, c. 316, §8 (AMD).]
SECTION HISTORY
PL 1965, c. 495, §2 (AMD). PL 1967, c. 525, §14 (AMD). PL 1973, c. 534, §1 (AMD). PL 1973, c. 677, §4 (AMD). PL 1975, c. 487, §1 (AMD). PL 1977, c. 525, §3 (AMD). PL 1977, c. 592, §1 (AMD). PL 1991, c. 780, §U4 (AMD). PL 1993, c. 316, §8 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §902. Notice of meeting; waiver (REPEALED)

§902. Notice of meeting; waiver
(REPEALED)
SECTION HISTORY
PL 1975, c. 487, §2 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §903. Certificate of organization

§903. Certificate of organization
The incorporators shall prepare, sign, date and deliver for filing with the Secretary of State a certificate of organization setting forth the name, location, officers and directors, trustees or managing board, contact person and the contact person's mailing and physical address, if different, in this State and purposes of the corporation. The certificate must clearly state that the corporation is not organized for profit and that no property or profit of the corporation inures to the benefit of any person, partnership or corporation except in furtherance of the benevolent or nonprofit purposes of the corporation. Once the Secretary of State has filed the certificate of organization, the corporation may carry on activities pursuant to this chapter.   [PL 2009, c. 56, §5 (AMD).]
SECTION HISTORY
PL 1969, c. 225, §10 (AMD). PL 1971, c. 544, §39 (AMD). PL 1971, c. 565, §3 (AMD). PL 1973, c. 625, §81 (AMD). PL 1975, c. 487, §3 (RPR). PL 1975, c. 635, §1 (AMD). PL 1975, c. 770, §73 (AMD). PL 1977, c. 78, §108 (AMD). PL 1977, c. 522, §§1,2 (AMD). PL 1991, c. 465, §14 (AMD). RR 1993, c. 1, §39 (COR). PL 2003, c. 523, §1 (RPR). PL 2009, c. 56, §5 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §904. Access to Secretary of State's database

§904. Access to Secretary of State's database
The Secretary of State may provide public access to the database of the Department of the Secretary of State through a dial-in modem, public terminals and electronic duplicates of the database. If access to the database is provided to the public, the Secretary of State may promulgate rules in accordance with the Maine Administrative Procedure Act to establish a fee schedule and governing procedures.   [PL 1991, c. 465, §15 (NEW).]
SECTION HISTORY
PL 1991, c. 465, §15 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §905. Publications

§905. Publications
1.  Informational publications.
The Secretary of State may establish by rule in accordance with the Maine Administrative Procedure Act a fee schedule to cover the cost of printing and distribution of publications and to set forth the procedures for the sale of these publications.
[PL 1991, c. 465, §15 (NEW).]
2.  Funds; fees deposited.
All fees collected pursuant to this section must be deposited in a fund for use by the Secretary of State for the purpose of replacing and updating publications offered in accordance with this Title and for funding new publications.
[PL 1991, c. 465, §15 (NEW).]
SECTION HISTORY
PL 1991, c. 465, §15 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §906. Information requests (REPEALED)

§906. Information requests
(REPEALED)
SECTION HISTORY
PL 1991, c. 780, §U5 (NEW). PL 1991, c. 837, §A31 (NEW). PL 1993, c. 349, §31 (RPR). PL 2009, c. 56, §6 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §907. Filing duty of the Secretary of State

§907. Filing duty of the Secretary of State
If a certificate delivered for filing with the Secretary of State satisfies the requirements of this chapter, the Secretary of State shall file the certificate. The date of filing is the date of receipt by the Secretary of State. After filing any certificate under this chapter, the Secretary of State shall deliver to the corporation or its representative a copy of the document with an acknowledgement of the date of filing.   [PL 2003, c. 523, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 523, §2 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §908. Fees for filing certificates

§908. Fees for filing certificates
A fee of $5 must be submitted with any certificate required or permitted to be filed with the Secretary of State under this chapter.   [PL 2003, c. 523, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 523, §2 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §909. Certificate of existence; certificate of fact

§909. Certificate of existence; certificate of fact
1.  Application.
A person may apply to the Secretary of State for a certificate of existence for a corporation formed under this subchapter.
[PL 2009, c. 56, §7 (NEW).]
2.  Contents.
A certificate of existence sets forth:
A. The corporation's name used in this State;   [PL 2009, c. 56, §7 (NEW).]
B. That the corporation is duly incorporated under the laws of this State and the date of its incorporation;   [PL 2009, c. 56, §7 (NEW).]
C. That all fees and penalties owed to this State have been paid if:
(1) Payment is reflected in the records of the Secretary of State; and
(2) Nonpayment affects the existence of the corporation; and   [PL 2009, c. 56, §7 (NEW).]
D. Any facts of record in the office of the Secretary of State that may be requested by the applicant under subsection 1.   [PL 2009, c. 56, §7 (NEW).]
[PL 2009, c. 56, §7 (NEW).]
3.  Evidence of existence.
Subject to any qualification stated in the certificate, a certificate of existence issued by the Secretary of State may be relied upon as conclusive evidence that the corporation is in existence in this State.
[PL 2009, c. 56, §7 (NEW).]
4.  Certificate of fact.
In addition to the certificate of existence authorized under subsection 2, the Secretary of State may issue a certificate attesting to any fact of record in the office of the Secretary of State that may be requested by the applicant under subsection 1.
[PL 2009, c. 56, §7 (NEW).]
SECTION HISTORY
PL 2009, c. 56, §7 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 1: ORGANIZATION; MEETING; CERTIFICATES › 13 §910. Contact person for corporation; changes

§910. Contact person for corporation; changes
1.  Corporation to keep name of contact person on file with Secretary of State.
A corporation to which this chapter applies must continually keep and maintain the name of a contact person, who is a natural person resident in this State, on file with the Secretary of State.
[PL 2009, c. 56, §8 (NEW).]
2.  Change.
If a change in the contact person under subsection 1 occurs or the name or address of the contact person changes:
A. The corporation must notify the Secretary of State by filing a certificate of change of contact person if the contact person changes. Notice by the corporation must be made within 10 business days after a change of contact person occurs; or   [PL 2009, c. 56, §8 (NEW).]
B. The contact person must notify the Secretary of State of a name or address change by filing a certificate of change of name or address. Notice by the contact person must be made within 10 business days after a change of name or address of the contact person occurs.   [PL 2009, c. 56, §8 (NEW).]
[PL 2009, c. 56, §8 (NEW).]
3.  Application.
This section applies to:
A. A new corporation formed under this chapter on or after the effective date of this section; and   [PL 2009, c. 56, §8 (NEW).]
B. An existing corporation formed under this chapter that files an amendment to its articles of incorporation on or after the effective date of this section.   [PL 2009, c. 56, §8 (NEW).]
[PL 2009, c. 56, §8 (NEW).]
SECTION HISTORY
PL 2009, c. 56, §8 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §931. Powers; change of name; proceedings; fee

§931. Powers; change of name; proceedings; fee
The incorporators shall adopt a corporate name, and they, their associates and successors may have continual succession; have a common seal; elect all necessary officers; adopt bylaws not inconsistent with law and enforce the same by suitable penalties; have the same rights and be under the same liabilities as other corporations in prosecuting and defending civil actions; and enjoy all other rights, privileges and immunities of a legal corporation. Any corporation organized under this subchapter may by a majority vote at a legal meeting of its members at which at least 25% are present or at a legal meeting of its directors, trustees or managing board, however designated, change its name and adopt a new one. A notice of the intention to change the name must be given in the call for the meeting. When the proceedings of the meeting relating to the change of name are certified by the clerk or secretary of the corporation, the corporation shall deliver for filing with the Secretary of State a certificate of name change signed and dated by the clerk or secretary of the corporation. The corporation, under its new name, has the same rights, powers and privileges, and is subject to the same duties, obligations and liabilities as before, and holds and is entitled to the same property and property rights as it held under its former name, and may sue or be sued by its new name, but no action brought against it by its former name may be defeated on that account.   [PL 2003, c. 523, §3 (AMD).]
SECTION HISTORY
PL 1969, c. 225, §11 (AMD). PL 1971, c. 565, §4 (AMD). PL 1975, c. 487, §4 (AMD). PL 1975, c. 635, §2 (AMD). PL 1977, c. 525, §4 (AMD). PL 1977, c. 592, §2 (AMD). RR 1991, c. 2, §40 (COR). PL 2003, c. 523, §3 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §931-A. Bylaws; disposal of assets

§931-A. Bylaws; disposal of assets
The bylaws of a corporation organized under this chapter after the effective date of this section must provide for the disposal of the corporation's assets.   [PL 1995, c. 300, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 300, §1 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §932. Right to hold property

§932. Right to hold property
Every corporation organized under sections 901 and 903 to 931 may take and hold by purchase, gift, devise or bequest, tangible or intangible personal property or real estate, and may use and dispose thereof only for the purposes for which the corporation was organized. Any corporation organized under this chapter for the purpose of establishing and maintaining a hospital, a free public library or a school or academy accredited by the State Board of Education and conducted on a nonprofit basis, or a laboratory exclusively engaged in research for the benefit of mankind, or an educational television or radio station operated on a nonprofit basis, or a private vocational school conducted on a nonprofit basis may receive and hold real and personal estate to any amount, which may from time to time be given, granted, bequeathed or devised to it and accepted by the corporation for the uses and purposes of the hospital, free public library, school or academy, laboratory, or educational television or radio station provided always both the principal and income thereof shall be appropriated according to the terms of the donation, devise or bequest.   [PL 1981, c. 698, §82 (AMD).]
Corporations formed under this chapter for the purposes of fostering, encouraging and assisting the physical location, settlement and resettlement of industrial, manufacturing, fishing, agricultural and other business enterprises and recreational projects in any locality within the State shall have the power to use, sell, convey, mortgage, lease or rent real or personal property and to do any and all things necessary to carry out the purposes of such corporation.   [PL 1967, c. 525, §15 (RPR).]
Unless the instrument creating the trust prohibits, the corporation may treat 2 or more trust funds as a single fund solely for the purpose of investment. This section shall not apply to corporations organized under or governed by Title 13‑B.   [PL 1977, c. 592, §3 (AMD).]
SECTION HISTORY
PL 1965, c. 267 (AMD). PL 1965, c. 282 (AMD). PL 1967, c. 494, §14 (AMD). PL 1967, c. 525, §15 (AMD). PL 1969, c. 504, §23 (AMD). PL 1973, c. 571, §7 (AMD). PL 1975, c. 770, §74 (AMD). PL 1977, c. 525, §5 (AMD). PL 1977, c. 592, §3 (AMD). PL 1981, c. 698, §82 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §933. Change of name (REPEALED)

§933. Change of name
(REPEALED)
SECTION HISTORY
PL 1969, c. 225, §12 (AMD). PL 1971, c. 565, §5 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §934. Amendments

§934. Amendments
In addition to any other method provided by law, a corporation organized under this chapter, including specially chartered churches, but not other specially chartered corporations, may change the number of its officers, directors, trustees or members of its managing board, however designated, and change its purposes by altering, abridging or enlarging the same, and make any other changes in its certificate of organization as originally filed or subsequently amended that may be desired, if such changes would be proper to insert in an original certificate of organization. The change must be made by vote of a majority of those members with voting rights present at, or if the corporation does not have members with voting rights, then by a majority vote of its whole board of directors or trustees or managing board, however designated, taken at any legal meeting. The notice of the meeting must give notice of the proposed action. If the corporation amends any provision of any certificate filed with the Secretary of State, the corporation must promptly deliver for filing with the Secretary of State a certificate of amendment signed and dated by the clerk or secretary of the corporation.   [PL 2003, c. 523, §4 (AMD).]
SECTION HISTORY
PL 1969, c. 225, §13 (AMD). PL 1971, c. 373, §1 (RPR). PL 1971, c. 544, §40 (AMD). PL 1971, c. 565, §§6,7 (AMD). PL 1973, c. 409 (AMD). PL 1977, c. 522, §3 (AMD). PL 1977, c. 525, §6 (AMD). PL 1977, c. 592, §4 (AMD). PL 2003, c. 523, §4 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §936. Facilities for winter sports

§936. Facilities for winter sports
Any corporation organized under this chapter or under Title 13-B, and which owns, operates and maintains facilities for recreation for the benefit of the people of the State not as a commercial proposition, may enclose so much of the surface of any great pond, not exceeding 5 acres in area, during the time when said area is covered with ice, as is not being used for ice cutting operations, for the purpose of maintaining on said area facilities for winter sports of any kind; and shall have the right to exclude from said area persons not contributing to the financial support of said corporation, and may make and enforce rules and regulations for the use of said area for the purpose of insuring the use and enjoyment thereof and the protection of persons using said facilities.   [PL 1977, c. 525, §7 (AMD).]
SECTION HISTORY
PL 1977, c. 525, §7 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §937. Dissolution

§937. Dissolution
Except as provided in section 938, any corporation organized under this chapter may be dissolved by using the procedures set forth in Title 13-B, chapter 11 and deliver for filing with the Secretary of State the required certificates, signed and dated by the clerk or secretary of the corporation. Solely for the purposes of this section and the dissolution of a corporation organized under this chapter, each member with voting rights of the corporation, or if the corporation does not have members with voting rights, each director, trustee or member of the managing board, however designated, has one vote for the purposes of calling, noticing, conducting and holding meetings and voting at those meetings, and for the purpose of commencing or otherwise participating as a party in civil actions in respect of dissolution, but for no other purposes. In addition to other parties who may commence or participate in such civil actions as provided in the law relating to corporations organized under this chapter, the Attorney General may commence, or otherwise participate in, any civil action relating to the dissolution of any corporation organized under this chapter.   [PL 2003, c. 523, §5 (AMD).]
SECTION HISTORY
PL 1971, c. 369 (NEW). PL 1971, c. 373, §2 (NEW). PL 1971, c. 622, §51 (RP). PL 1977, c. 525, §8 (AMD). PL 1977, c. 592, §5 (AMD). PL 2003, c. 523, §5 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §938. Distribution of assets

§938. Distribution of assets
In case of the dissolution of a corporation pursuant to section 937 or any other provision of law, the assets of the corporation remaining after the payment of all of its debts must be distributed in the manner and to the persons, firms, associations, corporations, trusts or other legal entities provided in its certificate of organization or any amendment thereto; however, the assets of a charitable corporation that is dissolved may not be devoted to other than charitable purposes. In the case of the dissolution of a corporation organized under this chapter other than a charitable corporation, unless contrary provision is made in its certificate of organization or any amendment thereto, the assets of the corporation remaining after the payment of its debts must be distributed equally to its members.   [PL 2003, c. 523, §6 (AMD).]
SECTION HISTORY
PL 1971, c. 373, §3 (NEW). PL 1977, c. 525, §9 (AMD). PL 1977, c. 592, §6 (AMD). PL 2003, c. 523, §6 (AMD).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §939. Prohibitions and requirements applicable to corporations which are private foundations

§939. Prohibitions and requirements applicable to corporations which are private foundations
1.  Prohibitions.
No corporation which is a "private foundation" as defined in section 509 (a) of the Internal Revenue Code of 1954, shall:
A. Engage in any act of "self-dealing," as defined in section 4941 (d) of the Internal Revenue Code of 1954, which would give rise to any liability for the tax imposed by section 4941 (a) of the Internal Revenue Code of 1954;   [PL 1971, c. 622, §52 (NEW).]
B. Retain any "excess business holdings," as defined in section 4943 (c) of the Internal Revenue Code of 1954, which would give rise to any liability for the tax imposed by section 4943 (a) of the Internal Revenue Code of 1954;   [PL 1971, c. 622, §52 (NEW).]
C. Make any investment which would jeopardize the carrying out of any of its exempt purposes, within the meaning of section 4944 of the Internal Revenue Code of 1954, so as to give rise to any liability for the tax imposed by section 4944 (a) of the Internal Revenue Code of 1954; and   [PL 1971, c. 622, §52 (NEW).]
D. Make any "taxable expenditures," as defined in section 4945 (d) of the Internal Revenue Code of 1954, which would give rise to any liability for the tax imposed by section 4945 (a) of the Internal Revenue Code of 1954.   [PL 1977, c. 622, §52 (NEW).]
[PL 1971, c. 622, §52 (NEW).]
2.  Requirements.
Each corporation which is a "private foundation" as defined in section 509 of the Internal Revenue Code of 1954 shall distribute, for the purposes specified in its certificate of incorporation, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by section 4942 (a) of the Internal Revenue Code of 1954.
[PL 1971, c. 622, §52 (NEW).]
3.  Application.
Subsections 1 and 2 shall not apply to any corporation to the extent that a court of competent jurisdiction shall determine that such application would be contrary to the terms of the certificate of incorporation or other instrument governing such corporation or governing the administration of charitable funds held by it and that the same may not properly be changed to conform to such subsections.
[PL 1971, c. 622, §52 (NEW).]
4.  Impairment.
Nothing in this section shall impair the rights and powers of the courts or the Attorney General of this State with respect to any corporation.
[PL 1971, c. 622, §52 (NEW).]
5.  References.
All references to sections of the Internal Revenue Code of 1954 shall include future amendments to such sections and corresponding provisions of future internal revenue laws.
[PL 1971, c. 622, §52 (NEW).]
SECTION HISTORY
PL 1971, c. 622, §52 (NEW).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 2: POWERS › 13 §940. Indemnification

§940. Indemnification
Any domestic corporation organized without capital stock and any corporation located in Maine and chartered by the Commonwealth of Massachusetts prior to the Articles of Separation may, by vote of its directors, trustees or managing board, however designated, or pursuant to bylaw, indemnify its trustees, directors, managing board, officers, employees and agents and may purchase and maintain insurance to indemnify any such person to the extent provided by Title 13-C, chapter 8, subchapter 5, except where inconsistent with any specific provision of any public law or private and special act applicable thereto. This section does not apply to corporations organized under or governed by Title 13-B.   [RR 2001, c. 2, Pt. B, §26 (COR); RR 2001, c. 2, Pt. B, §58 (AFF).]
SECTION HISTORY
PL 1975, c. 439, §2 (NEW). PL 1977, c. 525, §10 (AMD). PL 1977, c. 592, §7 (AMD). RR 1991, c. 2, §41 (COR). RR 2001, c. 2, §B26 (COR). RR 2001, c. 2, §B58 (AFF).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 4: MISCELLANEOUS PROVISIONS › 13 §981. Charitable corporations, suits by or against

§981. Charitable corporations, suits by or against
No corporation, organized for charitable or benevolent purposes, shall sue any of its members for dues or contributions of any kind, or be sued by any member for any benefit or sum due him, but all such rights and benefits, dues and liabilities shall be regulated and enforced only in accordance with its bylaws.
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 4: MISCELLANEOUS PROVISIONS › 13 §981-A. Acknowledgement of previously unrecognized corporations

§981-A. Acknowledgement of previously unrecognized corporations
An existing nonprofit corporation that is not currently recognized by the Secretary of State may prepare, sign, date and deliver for filing with the Secretary of State a certificate of organization setting forth the original name, the date, place and purpose of the incorporation, any subsequent changes to the corporate name and the current name, location and officers of the corporation. If the Secretary of State by examination of the corporate records or other substantial evidence finds that the corporation was formed, the Secretary of State shall file the certificate of organization.   [PL 2003, c. 523, §8 (RPR).]
SECTION HISTORY
PL 1967, c. 544, §33 (NEW). PL 1977, c. 522, §5 (AMD). PL 1979, c. 596, §3 (AMD). PL 1993, c. 316, §9 (AMD). PL 2003, c. 523, §8 (RPR).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 4: MISCELLANEOUS PROVISIONS › 13 §982. Use of state name; forfeiture of appropriation (REPEALED)

§982. Use of state name; forfeiture of appropriation
(REPEALED)
SECTION HISTORY
PL 1973, c. 653 (AMD). PL 1977, c. 522, §§6,7 (AMD). PL 1977, c. 564, §65 (AMD). PL 1977, c. 592, §§9,10 (AMD). PL 1983, c. 50, §1 (RP).
2023 Maine Revised Statutes › TITLE 13: CORPORATIONS › Part 2: CORPORATIONS WITHOUT CAPITAL › Chapter 81: GENERAL PROVISIONS › Subchapter 4: MISCELLANEOUS PROVISIONS › 13 §983. Protection in use of name

§983. Protection in use of name
No person, society, association or corporation shall assume, adopt or use the name of a benevolent, humane, fraternal or charitable organization incorporated under the laws of this State, or any other state, or of the United States, or holding its charter or warrant under some recognized supreme grand body having authority to issue the same, or a name so nearly resembling the name of such incorporated or chartered organization as to be a colorable imitation thereof or calculated to deceive persons not members with respect to such organizations. In all cases where 2 or more such societies, associations, corporations or organizations claim the right to the same name, or to names substantially similar as above provided, the organization which was first organized and used the name, or first became incorporated under the laws of the United States or of any state, shall be entitled in this State to the prior and exclusive use of such name, and the rights of such societies, associations, corporations or organizations and of their individual members shall be fixed and determined accordingly. This section shall not apply to corporations organized under or governed by Title 13-B.   [PL 1977, c. 592, §11 (AMD).]
SECTION HISTORY
PL 1977, c. 525, §12 (AMD). PL 1977, c. 592, §11 (AMD).