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| 9-A. Person. "Person" includes an individual and an entity. |
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| | | Sec. B-8. 13-B MRSA §301, as amended by PL 1997, c. 633, §4, is | | repealed. |
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| | | Sec. B-9. 13-B MRSA §301-A is enacted to read: |
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| | | 1.__Prohibition. A corporate name may not contain language | | stating or implying that the corporation is organized for a | | purpose other than that permitted by section 201 and the | | corporation's articles of incorporation. |
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| | | 2.__Distinguishable name. Except as authorized by subsections | | 3 and 4, a corporate name must be distinguishable on the records | | of the Secretary of State from: |
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| | | A.__The name of a corporation, limited liability company, | | limited liability partnership or limited partnership that is | | incorporated, organized or authorized to transact business | | or carry on activities in this State; |
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| | | B.__Assumed, fictitious, reserved and registered name | | filings for all entities; and |
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| | | C.__Marks registered under Title 10, chapter 301-A unless | | the registered owner or holder of the mark is the same | | person or entity as the corporation seeking to use a name | | that is not distinguishable on the records of the Secretary | | of State and files proof of ownership with the Secretary of | | State. |
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| | | 3.__Refuse to file name. The Secretary of State, in the | | Secretary of State's discretion, may refuse to file a name that: |
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| | | A.__Consists of or comprises language that is obscene; |
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| | | B.__Inappropriately promotes abusive or unlawful activity; |
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| | | C.__Falsely suggests an association with public | | institutions; or |
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| | | D.__Violates any other provision of the law of this State | | with respect to names. |
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| | | 4.__Authorization to use name. A corporation may apply to the | | Secretary of State for authorization to use a name that is not | | distinguishable on the records of the Secretary of State from |
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