reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §105. Appointment of clerk or registered agent

§105. Appointment of clerk or registered agent
1.  Contents of filing.
A clerk or registered agent filing must state:
A. The name of the represented entity's commercial clerk or commercial registered agent; or   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. If the entity does not have a commercial clerk or commercial registered agent:
(1) The name and address of the entity's noncommercial clerk or noncommercial registered agent; or
(2) The title of an office or other position with the entity if service of process is to be sent to the person holding that office or position, and the address of the business office of that person.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Consent to serve as agent.
The appointment of a clerk or a registered agent pursuant to subsection 1, paragraph A or subsection 1, paragraph B, subparagraph (1) is an affirmation by the represented entity that the agent has consented to serve as such.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Daily list of filings.
The Secretary of State shall make available in a record as soon as practicable a daily list of filings that contain the name of a clerk or a registered agent. The list must:
A. Be available for at least 14 calendar days;   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. List in alphabetical order the names of the clerks or registered agents; and   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
C. State the type of filing and name of the represented entity making the filing.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §106. Listing of commercial clerk or commercial registered agent

§106. Listing of commercial clerk or commercial registered agent
1.  Contents of statement.
An individual or a domestic or foreign entity may become listed as a commercial clerk or commercial registered agent by filing with the Secretary of State a commercial clerk or commercial registered agent listing statement signed by or on behalf of the person that states:
A. The name of the individual or the name, type and jurisdiction of organization of the entity;   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. That the person is in the business of serving as a commercial clerk or commercial registered agent in this State; and   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
C. The address of a place of business of the person in this State to which service of process and other notice and documents being served on or sent to entities represented by it may be delivered.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Additional information.
A commercial clerk or commercial registered agent listing statement may include the information regarding acceptance of service of process in a record by the commercial clerk or commercial registered agent provided for in section 113, subsection 4.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Distinguishable name.
If the name of a person filing a commercial clerk or commercial registered agent listing statement is not distinguishable on the records of the Secretary of State from the name of another commercial clerk or commercial registered agent listed under this section, the person must adopt a fictitious name that is distinguishable and use that name in its statement and when it does business in this State as a commercial clerk or commercial registered agent.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
4.  Effective on filing.
A commercial clerk or commercial registered agent listing statement takes effect on filing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5.  Filing noted in index; effect.
The Secretary of State shall note the filing of the commercial clerk or commercial registered agent listing statement in the index of filings maintained by the Secretary of State for each entity represented by the clerk or registered agent at the time of the filing. The statement has the effect of deleting the address of the clerk or the registered agent from the clerk or registered agent filing of each of those entities.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §107. Termination of listing of commercial clerk or commercial registered agent

§107. Termination of listing of commercial clerk or commercial registered agent
1.  Contents of statement.
A commercial clerk or commercial registered agent may terminate its listing as a commercial clerk or commercial registered agent by filing with the Secretary of State a commercial clerk or commercial registered agent termination statement signed by or on behalf of the agent that states:
A. The name of the agent as currently listed under section 106;   [PL 2007, c. 535, Pt. B, §1 (AMD).]
B. That the agent is no longer in the business of serving as a commercial clerk or commercial registered agent in this State; and   [PL 2007, c. 535, Pt. B, §1 (AMD).]
C. The name and address of the person to whom the commercial clerk or commercial registered agent sends the notice required by subsection 3.   [PL 2007, c. 535, Pt. B, §1 (NEW).]
[PL 2007, c. 535, Pt. B, §1 (AMD).]
2.  Effective date.
A commercial clerk or commercial registered agent termination statement takes effect on the 31st day after the day on which it is filed.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Notice.
The commercial clerk or commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial clerk or commercial registered agent termination statement.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
4.  Effect of termination.
When a commercial clerk or commercial registered agent termination statement takes effect, the clerk or registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial clerk or commercial registered agent appoints a new clerk or registered agent, service of process may be made on the entity as provided in section 113. Termination of the listing of a commercial clerk or commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF). PL 2007, c. 535, Pt. B, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §108. Change of clerk or registered agent by entity

§108. Change of clerk or registered agent by entity
1.  Change of information.
A represented entity may change the information currently on file under section 105, subsection 1 by filing with the Secretary of State a statement of change signed on behalf of the entity that states:
A. The name of the entity; and   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. The information that is to be in effect as a result of the filing of the statement of change.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Approval not needed.
Except for a corporation formed under Title 13‑C, the interest holders or governors of a domestic entity need not approve the filing of:
A. A statement of change under this section; or   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. A similar filing changing the clerk or registered agent or registered office of the entity in any other jurisdiction.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
[PL 2009, c. 56, §2 (AMD).]
3.  Consent.
The appointment of a clerk or a registered agent pursuant to section 105, subsection 1 is an affirmation by the represented entity that the clerk or agent has consented to serve as such.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
4.  Effective on filing.
A statement of change filed under this section takes effect on filing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5.  Amended filing.
As an alternative to using the procedures in this section, a represented entity may change the information currently on file under section 105, subsection 1 by amending its most recent clerk or registered agent filing in the manner provided by the laws of this State other than this chapter for amending that filing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF). PL 2009, c. 56, §2 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §109. Change of name or address by noncommercial clerk or noncommercial registered agent

§109. Change of name or address by noncommercial clerk or noncommercial registered agent
1.  Contents of statement.
If a noncommercial clerk or noncommercial registered agent changes its name or its address as currently in effect with respect to a represented entity pursuant to section 105, subsection 1, the agent shall file with the Secretary of State, with respect to each entity represented by the agent, a statement of change signed by or on behalf of the agent that states:
A. The name of the entity;   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. The name and address of the agent as currently in effect with respect to the entity;   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
C. If the name of the agent has changed, its new name; and   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
D. If the address of the agent has changed, the new address.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Effective on filing.
A statement of change filed under this section takes effect on filing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Notice.
A noncommercial clerk or noncommercial registered agent shall promptly furnish the represented entity with notice in a record of the filing of a statement of change and the changes made by the filing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §111. Resignation of clerk or registered agent

§111. Resignation of clerk or registered agent
1.  Statement of resignation.
A clerk or registered agent may resign at any time with respect to a represented entity by filing with the Secretary of State a statement of resignation signed by or on behalf of the agent that states:
A. The name of the entity;   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. The name of the agent;   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
C. That the agent resigns from serving as agent for service of process for the entity; and   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
D. The name and address of the person to which the agent will send the notice required by subsection 3.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Effective date.
A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Notice.
The clerk or registered agent shall promptly furnish the represented entity notice in a record of the date on which a statement of resignation was filed.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
4.  Effect of resignation.
When a statement of resignation takes effect, the clerk or registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity has against the agent or that the agent has against the entity.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5.  Standing of entity.
A clerk or registered agent may resign with respect to a represented entity whether or not the entity is in good standing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §112. Appointment of agent by nonfiling or nonqualified foreign entity

§112. Appointment of agent by nonfiling or nonqualified foreign entity
1.  Contents of statement.
A domestic entity that is not a filing entity or a nonqualified foreign entity may file with the Secretary of State a statement appointing an agent for service of process signed on behalf of the entity that states:
A. The name, type and jurisdiction of organization of the entity; and   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
B. The information required by section 105, subsection 1.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Effective on filing.
A statement appointing an agent for service of process takes effect on filing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Effect of appointment.
The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this State and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this State.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
4.  Distinguishable name.
A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not distinguishable on the records of the Secretary of State from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5.  Cancellation of statement.
An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which takes effect upon filing, and shall state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this State. A statement appointing an agent for service of process that has not been canceled earlier is effective for a period of 5 years after the date of filing.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
6.  Termination upon becoming qualified.
A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §114. Duties of clerk or registered agent

§114. Duties of clerk or registered agent
The only duties under this chapter of a clerk or registered agent that has complied with this chapter are:   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
1.  Forward.
To forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice or demand that is served on the agent;
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Notice.
To provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity;
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Noncommercial clerk or noncommercial registered agent; current information.
If the agent is a noncommercial clerk or noncommercial registered agent, to keep current the information required by section 105, subsection 1 in the most recent clerk or registered agent filing for the entity; and
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
4.  Commercial clerk or commercial registered agent; current information.
If the agent is a commercial clerk or commercial registered agent, to keep current the information listed for it under section 106, subsection 1.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §115. Jurisdiction and venue

§115. Jurisdiction and venue
The appointment or maintenance in this State of a clerk or registered agent does not by itself create the basis for personal jurisdiction over the represented entity in this State. The address of the agent does not determine venue in an action or proceeding involving the entity.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §116. Consistency of application

§116. Consistency of application
In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §117. Rules

§117. Rules
The Secretary of State may adopt rules consistent with this chapter pertaining to the filing of documents with the Secretary of State. These rules may include, but are not limited to:   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
1.  Forms.
Prescribing forms for documents required or permitted to be delivered for filing under this chapter and refusing to file documents not using these prescribed forms;
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Disapproved filing.
Disapproving the filing of a document that is not clearly legible or one that may not be clearly reproducible photographically;
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Appointed designee.
Appointing a designee or other agent to receive documents for filing and to file documents on behalf of the Secretary of State;
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
4.  Electronic filing; facsimile signatures.
Permitting the filing of documents by electronic transmission and permitting facsimile signatures on documents to be filed; and
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
5.  Effective dates of filings.
Unless specifically stated in this chapter, setting forth the effective dates of filings required by this chapter.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §118. Expedited service

§118. Expedited service
The Secretary of State may provide an expedited service for the processing of documents in accordance with this chapter. If the service is provided, the Secretary of State shall establish by rule a fee schedule and governing procedures in accordance with the Maine Administrative Procedure Act. Fees collected for expedited service must be deposited into a fund for use by the Secretary of State to provide an improved filing service.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §119. Access to database

§119. Access to database
The Secretary of State may provide public access to the database through a dial-in modem, through public terminals and through electronic duplicates of the database. If access to the database is provided to the public, the Secretary of State may adopt rules in accordance with the Maine Administrative Procedure Act to establish a fee schedule and governing procedures.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §120. Publications

§120. Publications
1.  Fee for 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 those publications.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Use of fees.
Fees collected pursuant to this section must be deposited in a fund for use by the Secretary of State to replace and update publications offered in accordance with this chapter and to fund new publications.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §120-A. Routine technical rules

§120-A. Routine technical rules
Rules adopted pursuant to this chapter, unless expressly designated otherwise, are routine technical rules as defined in chapter 375, subchapter 2‑A.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §120-B. Duty of Secretary of State

§120-B. Duty of Secretary of State
The duty of the Secretary of State to file documents under this chapter is ministerial. The filing or refusal to file a document does not:   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
1.  Validity of documents.
Affect the validity or invalidity of the document in whole or in part;
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
2.  Correctness of information.
Relate to the correctness or incorrectness of information contained in the document; or
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
3.  Presumption of validity or correctness.
Create a presumption that the document is valid or invalid or that the information in the document is correct or incorrect.
[PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §120-C. Relation to Electronic Signatures in Global and National Commerce Act

§120-C. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 United States Code, Section 7001(c), or authorize delivery of any of the notices described in Section 103(b) of that Act, 15 United States Code, Section 7003(b).   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 6-A: MODEL REGISTERED AGENTS ACT › 5 §120-D. Effective date

§120-D. Effective date
This chapter takes effect July 1, 2008.   [PL 2007, c. 323, Pt. A, §1 (NEW); PL 2007, c. 323, Pt. G, §4 (AFF).]
SECTION HISTORY
PL 2007, c. 323, Pt. A, §1 (NEW). PL 2007, c. 323, Pt. G, §4 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §121. Office; bond; salary; deputy; fees

§121. Office; bond; salary; deputy; fees
The Treasurer of State shall keep the office at the seat of government and give the bond required by the Constitution to the State of Maine, with 2 or more surety companies authorized to transact business in the State, as sureties, in the penal sum of not less than $500,000. Each surety company shall give bond for only a fractional part of the total penal sum and shall be held responsible for its proportional share of any loss.   [PL 2005, c. 683, Pt. C, §1 (AMD).]
The Treasurer of State may not receive any other fee, emolument or perquisite in addition to the salary.   [PL 2005, c. 683, Pt. C, §1 (AMD).]
The chief clerk in the office of the Treasurer of State is designated as "deputy treasurer of state." In the event of a vacancy in the office of Treasurer of State, the deputy treasurer of state shall act as the Treasurer of State until a Treasurer of State is elected by the Legislature, and the deputy treasurer shall give bond to the State, with sureties, to the satisfaction of the Governor for the faithful discharge of the trust. In the event of the absence or disability of the Treasurer of State, the deputy treasurer of state shall act as the Treasurer of State to perform the duties of the office, including the exercise of all the Treasurer of State's rights and obligations as a member or ex officio member of any governing board of directors.   [PL 2005, c. 683, Pt. C, §1 (AMD).]
SECTION HISTORY
PL 1965, c. 412, §§6-A (AMD). PL 1967, c. 476, §8 (AMD). PL 1969, c. 132, §3 (AMD). PL 1969, c. 504, §5 (AMD). PL 1975, c. 771, §34 (AMD). PL 2005, c. 683, §C1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §121-A. Transition period

§121-A. Transition period
In order to provide for an orderly transition following the biennial election of the Treasurer of State, the Treasurer of State-elect shall not take the oath of his office or otherwise qualify for the office for a period of no less than 30 days following that election.   [PL 1983, c. 65, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 65, §2 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §122. Conditions of bond; filing

§122. Conditions of bond; filing
The condition of the Treasurer of State's bond shall be for the faithful discharge of all the duties of his office, and that during his continuance in office he will not engage in trade or commerce, or act as broker, agent or factor for any merchant or trader; and that he, or his executors, administrators or sureties, or their executors or administrators, shall render a just and true account of all his agents' and servants' doings and transactions in the office to the Legislature, or to such committee as it appoints, on the first day of each regular session of the Legislature, previous to the choice of a new treasurer, and at any other time when required by the Legislature or the Governor; and that he will settle and adjust said account and faithfully deliver to his successor in office or to such person as the Legislature appoints, all moneys, books, property and appurtenances of said office, in his, or any of his agents' possession, and pay over all balances found due on such adjustment. Such bond, when approved as the Constitution prescribes, shall be lodged in the office of the State Auditor.   [PL 1975, c. 771, §35 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §35 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §123. Bond premiums to be paid by State

§123. Bond premiums to be paid by State
The premiums necessarily incurred and due and payable on account of any bond given by the Treasurer of State, his deputy or by any employee in the Treasury Department of the State shall be paid out of the State Treasury.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §124. Governor may require new bond

§124. Governor may require new bond
When it appears to the Governor that the Treasurer of State's bond is not sufficient for the full security of the State, they shall make written demand upon him for a new bond. If he neglects for 10 days thereafter to file such bond to their satisfaction, they shall remove him and declare the office vacant.   [PL 1975, c. 771, §36 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §36 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §125. Personal use or receipt of money from treasury or credit prohibited

§125. Personal use or receipt of money from treasury or credit prohibited
The Treasurer of State shall not in any way receive for his own use any interest, premium, gratuity or benefit by reason of any money belonging to the State, or of any loan obtained for the State or for keeping on hand or circulating the bills of any bank; but whatever is so received shall be accounted for to the State. He shall not loan or use in his own business, or for his own benefit, any such money, or permit any other person to do so, unless authorized by law, on pain of forfeiting a sum equal to the amount so used or loaned, to be recovered by indictment.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §126. -- Attorney General to prosecute violations

§126. -- Attorney General to prosecute violations
When the Attorney General receives satisfactory information that the Treasurer of State has violated any provision of section 125, he shall cause him to be indicted therefor and shall prosecute such indictment to final judgment.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §127. Governor may hear complaints; removal from office

§127. Governor may hear complaints; removal from office
Upon written complaint of any person that the Treasurer of State is mentally ill or insolvent, or has absconded or concealed himself to avoid his creditors, or is absent from the State and neglecting his duties to the hazard of the trust reposed in him, or has violated any provision of section 125, or has failed faithfully to perform the duties of his office, the Governor shall forthwith examine into the charges and if any of them is found true, he shall remove him and declare the office vacant.   [PL 1975, c. 771, §37 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §37 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §128. Appointment of commissioner to fill vacancy (REPEALED)

§128. Appointment of commissioner to fill vacancy
(REPEALED)
SECTION HISTORY
PL 1969, c. 504, §§5-A (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §129. Inventory

§129. Inventory
When the deputy treasurer of state assumes the office of Treasurer of State under section 121, the State Auditor shall, as soon as practicable, after notice to the sureties of the late Treasurer of State or of the Treasurer of State to be superseded, take a true account and inventory of all moneys, notes, books of account and other property belonging to the State which were in the hands of such Treasurer of State or of any of his agents, and deliver it to the new Treasurer of State, he giving a receipt therefor, which shall be lodged in the office of the State Auditor.   [PL 1969, c. 504, §5-B (AMD).]
SECTION HISTORY
PL 1969, c. 504, §§5-B (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §130. Payment of receipts into State Treasury

§130. Payment of receipts into State Treasury
Any public officer or any person, firm, association or corporation paying money into the State Treasury may make such payment by delivering to the Treasurer of State a check, draft, certificate of deposit or money order drawn, indorsed and payable to the Treasurer of State or his order, or may make such payment by delivering to the Treasurer of State the proper amount of lawful currency. The Treasurer of State shall keep a record of all drafts, checks, certificates of deposit, money orders and all cash received by him and upon receipt thereof shall forthwith cause the same to be placed to the credit of the State of Maine in some state depository. If any check, draft or certificate of deposit shall not be paid on presentation, the Treasurer of State shall proceed to collect the amount thereof, with costs, from the person drawing same. The Treasurer of State shall daily transmit to the State Controller a statement of all receipts into the State Treasury, giving such details thereof as the State Controller may require.   [PL 1979, c. 541, Pt. A, §20 (AMD).]
The State Government shall not be liable for any loss resulting from lack of diligence on the part of any depository in forwarding or failing to collect any draft, check or certificate of deposit, or for the loss of any such draft, check or certificate of deposit in the mails or otherwise.
Any person who makes payment of an amount due to any state department, agency, board, commission, authority or other state entity is liable, if the payment fails as a result of insufficient funds, a closed account, no account or a similar reason, for a penalty of $20, which must be reported and paid to the Treasurer of State as undedicated revenue to the General Fund. The penalty provided by this section is in addition to any other penalties provided by law.   [PL 2007, c. 13, §1 (AMD).]
SECTION HISTORY
PL 1979, c. 541, §A20 (AMD). PL 1991, c. 622, §C (AMD). PL 2007, c. 13, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §131. Departmental collections

§131. Departmental collections
1.  Departmental collections; immediate payment to State Treasury.
A department or agency of the State collecting or receiving public money, or money from any source whatsoever, belonging to or for the use of the State, or for the use of any state department or agency, shall pay the money immediately into the State Treasury, without any deductions on account of salaries, fees, costs, charges, expenses, refunds, claims or demands of any description whatsoever. The Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands may refund daily use and camping fees based on the bureau's standard refund policies. A department or agency may deposit such money to the credit of the State upon communicating with the Treasurer of State and receiving from the Treasurer of State instructions as to what state depository may be used for that purpose, and in every such case the depositor shall send to the Treasurer of State a statement of the deposits certified by the bank receiving it. This section does not apply to county or town officers.
[PL 2019, c. 326, §1 (NEW).]
2.  Certain payments not immediate.
Notwithstanding subsection 1, payments from a department or agency of the State made to the State Treasury through the use of automated procedures, electronic processes and computer‑driven technology must be deposited in the State Treasury in accordance with the requirements established in rules adopted by the Treasurer of State and the State Controller. The Treasurer of State and the State Controller shall adopt rules to implement this subsection, including rules outlining procedures for the use of automated procedures, electronic processes and computer‑driven technology for the collection of these payments pursuant to this subsection. Rules adopted pursuant to this subsection may not waive prohibitions against deductions on account of salaries, fees, costs, charges, expenses, refunds, claims or demands of any description whatsoever. Rules adopted pursuant to this subsection are routine technical rules as defined in chapter 375, subchapter 2‑A.
[PL 2021, c. 635, Pt. VV, §1 (AMD).]
3.  Private counsel contingent fee agreements.
Notwithstanding subsection 1 or any provision of law to the contrary, the Attorney General may employ private counsel on a contingent fee basis and may deduct from funds recovered by private counsel on behalf of the State such amounts as the Attorney General determines are due and owed under the terms of a contingent fee agreement and remit such amounts to private counsel.
[PL 2021, c. 392, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 501, Pt. P, §7 (AMD). PL 1995, c. 502, Pt. E, §30 (AMD). PL 2011, c. 657, Pt. W, §7 (REV). PL 2013, c. 405, Pt. A, §24 (REV). PL 2019, c. 326, §1 (RPR). PL 2021, c. 392, §1 (AMD). PL 2021, c. 635, Pt. VV, §1 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §131-A. Payment priority

§131-A. Payment priority
Payments made on behalf of the Department of Health and Human Services for Temporary Assistance for Needy Families and for foster care have priority over other payments and must be made without delay whether or not they are pursuant to a state plan or contract under 45 Code of Federal Regulations, Part 23. The Treasurer of State shall cooperate with other state agencies to accomplish priority payments.   [PL 1991, c. 747, §1 (NEW); PL 1997, c. 530, Pt. A, §34 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]
SECTION HISTORY
PL 1991, c. 747, §1 (NEW). PL 1997, c. 530, §A34 (AMD). PL 2003, c. 689, §B6 (REV).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §131-B. Interfund transfers

§131-B. Interfund transfers
In order that state obligations may be paid as they come due, the State Treasurer may request the State Controller to transfer funds on deposit among the various funds in the cash pool of State Government by journal entry in such manner as to best manage the available funds to meet current obligations of the various funds and accounts.   [PL 2005, c. 386, Pt. CC, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 386, §CC1 (NEW).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §132. Records; collections (REPEALED)

§132. Records; collections
(REPEALED)
SECTION HISTORY
PL 1967, c. 21 (AMD). PL 1973, c. 701, §1 (RP).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §133. Payments to be withheld and applied on accounts

§133. Payments to be withheld and applied on accounts
If any town or county unreasonably neglects or refuses to pay an account for money due from it to or for the use of the State or for the use of any department or agency, the Treasurer of State may withhold from any funds due such town or county under any laws of the State an amount sufficient to pay such account in whole or in part and to apply the amount thus withheld to such payment. Such application shall constitute payment by the State in the amount thus withheld and applied under any laws of the State directing payment to such town or county of the funds so withheld and applied. It is expressly provided that funds due to any town or county from the General Highway Fund shall only be so withheld and applied in payment of accounts due from such town or county to the State for improvement, construction and maintenance of highways and bridges, and for snow guards, snow removal and sanding as provided by statute. The method of collection provided by this section shall be in addition to and not exclusive of all other remedies afforded by law for proper enforcement of payment.   [PL 1973, c. 701, §2 (AMD).]
SECTION HISTORY
PL 1973, c. 701, §2 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §134. Money in depositories

§134. Money in depositories
All state money in any depository of the State Government shall stand on the books of said depository to the credit of the State but the Treasurer of State shall not withdraw any of said money except upon the authority of the State Controller.
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §135-A. Establishment of other special revenue accounts

§135-A. Establishment of other special revenue accounts
Except in cases when a state department or agency receives funds that the department or agency is legally required to distribute to or hold on behalf of specifically named persons, and except for the Baxter State Park Authority, all departments or agencies of State Government, in working with the Treasurer of State, are prohibited from establishing trust funds, escrow accounts or other accounts that would not be specifically allocated by the Legislature unless there is a compelling, documented legal reason, as determined by the Treasurer of State, to do otherwise.   [PL 1991, c. 532, §1 (NEW); PL 1991, c. 532, §2 (AFF).]
SECTION HISTORY
PL 1991, c. 532, §1 (NEW). PL 1991, c. 532, §2 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §136. Monthly exhibits

§136. Monthly exhibits
At the expiration of each month, the Treasurer of State shall prepare an exhibit showing the banks and places in which moneys of the State have been kept or deposited during the preceding month, and the amount at the time of the exhibit. This exhibit shall be open to public inspection.   [PL 1981, c. 456, Pt. A, §19 (AMD).]
SECTION HISTORY
PL 1981, c. 456, §A19 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §137. Purchase of unmatured bonds of State

§137. Purchase of unmatured bonds of State
Whenever, from time to time in the judgment of the Treasurer of State, it may be done to the financial advantage of the State, he may, with the advice and consent of the Governor, purchase with any funds in the State Treasury not otherwise appropriated and, when so purchased, may cancel any outstanding, unmatured bonds of the State.   [PL 1975, c. 771, §40 (AMD).]
SECTION HISTORY
PL 1975, c. 771, §40 (AMD).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §139-A. --guaranty funds

§139-A. --guaranty funds
The Treasurer of State, with the approval of the Commissioner of Administrative and Financial Services, the Superintendent of Financial Institutions and the Attorney General, has the power to enter into contracts or agreements approved by the Governor, with any national bank, trust company or safe deposit company located in New England or New York City, for custodial care and servicing of any securities deposited with the treasurer as a guaranty fund required by statutes.   [PL 1991, c. 780, Pt. Y, §12 (AMD); PL 2001, c. 44, §11 (AMD); PL 2001, c. 44, §14 (AFF).]
Such services shall consist of the safekeeping of such securities in the vaults of the bank or safe deposit company and any fiscal service which is normally covered in a custodial contract or agreement.   [PL 1971, c. 555 (NEW).]
The Treasurer of State shall obtain the written approval of the Superintendent of Insurance prior to releasing any securities received by the Treasurer of State and deposited in custodial accounts pursuant to the deposit requirements of the Maine Insurance Code.   [PL 1993, c. 313, §1 (NEW).]
SECTION HISTORY
PL 1971, c. 555 (NEW). PL 1973, c. 585, §§11,14 (AMD). PL 1975, c. 771, §43 (AMD). PL 1985, c. 785, §A13 (AMD). PL 1991, c. 780, §Y12 (AMD). PL 1993, c. 313, §1 (AMD). PL 2001, c. 44, §11 (AMD). PL 2001, c. 44, §14 (AFF).
2023 Maine Revised Statutes › TITLE 5: ADMINISTRATIVE PROCEDURES AND SERVICES › Part 1: STATE DEPARTMENTS › Chapter 7: TREASURER OF STATE › 5 §141. -- "Reserve against future losses" account (REPEALED)

§141. -- "Reserve against future losses" account
(REPEALED)
SECTION HISTORY
PL 1971, c. 181, §7 (RP).