MRS Title 31, Chapter 1. MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES CHAPTER 1 MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES §1. Filing of certificate; certificate of withdrawal Whenever 2 or more persons become associated as partners or otherwise for the purpose of engaging in any mercantile enterprise, they shall, before commencing business, deposit in the office of the clerk of the city or town in which the same is to be carried on a certificate signed and sworn to by them, setting forth their names and places of residence, the nature of the business in which they intend to engage and giving the name under which they are to transact business. Whenever any member of such partnership or association withdraws therefrom, he may certify under oath to the fact of such withdrawal, which certificate shall be deposited in the clerk's office where the partnership certificate is recorded. He shall conclusively be presumed to be a member of the firm or association to the time of his depositing such certificate. §2. Business under assumed name; filing of certificate Whenever any person intends to engage in such business as sole proprietor thereof, and to adopt any business name, style or designation other than his own name exclusively, he shall, before commencing business, deposit in the office of the clerk of the city or town in which such business is to be carried on a certificate signed and sworn to by him, setting forth his name and place of residence, the name, style or designation under which the business is to be conducted, and stating that he is the sole proprietor. §3. Statements as conclusive; perjury A person signing and making oath to any certificate deposited as provided by sections 1 and 2 shall not be permitted in any judicial proceeding to contradict the statements contained in such certificate. Whoever swears or affirms to any such certificate which is not true in fact shall be deemed guilty of perjury. §4. Records The clerks of the several cities and towns shall record in suitable books, kept exclusively for the purpose, the certificates deposited under sections 1 and 2, and such books shall be open to public inspection. §5. Failure to file; penalty Whoever fails to deposit seasonably the certificate required by sections 1 and 2 shall be punished by a fine of $5 for each day he is in default. §6. Prohibition of certain names No person or persons, partnership or other entity engaged in any business, except a corporation, may adopt a name for such business that contains the words "corporation," "incorporated" or "limited," or any abbreviation of any such words. A limited partnership may use the term "limited partnership" as part of its name, a limited liability company may use the term "limited liability company" as part of its name and a limited liability partnership may use the term "limited liability partnership" as part of its name. [PL 1995, c. 633, Pt. C, §10 (AMD).] SECTION HISTORY PL 1967, c. 157 (NEW). PL 1981, c. 698, §153 (AMD). PL 1995, c. 458, §11 (AMD). PL 1995, c. 633, §C10 (AMD). §6-A. Use of "Passamaquoddy" prohibited Generated Chapter 1. MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS |1 10.20.2025 NAMES MRS Title 31, Chapter 1. MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES A person or persons, partnership, corporation or other entity engaged in any business or activities may not adopt a name that contains the word "Passamaquoddy" or use the word "Passamaquoddy" in connection with goods manufactured or sold or services provided after December 31, 1993 without written authorization from the Passamaquoddy Tribe. [PL 1993, c. 210, §1 (NEW); PL 1993, c. 210, §2 (AFF).] 1. Extent of authorization. Unless greater authority is expressly granted by the Passamaquoddy Tribe, no authorization extends to a business, activity, product or service not disclosed to the Passamaquoddy Tribe at the time of the request for authorization. Authorization is revocable unless by its terms it is irrevocable. [PL 1993, c. 210, §1 (NEW); PL 1993, c. 210, §2 (AFF).] 2. Deceptive trade practices. Violation of this section is a deceptive trade practice and unlawful under Title 10, chapter 206. [PL 1993, c. 210, §1 (NEW); PL 1993, c. 210, §2 (AFF).] 3. Exemptions. The following are exempted from the provisions of this section: A. The use of the words "Passamaquoddy Bay": (1) As part of a trade name of an entity or sole proprietorship; or (2) In connection with goods manufactured or sold or services provided; and [PL 1993, c. 210, §1 (NEW); PL 1993, c. 210, §2 (AFF).] B. Use of the word "Passamaquoddy" by a person who was using it prior to the effective date of this Act: (1) As part of a specific trade name of an entity or sole proprietorship; or (2) In connection with specific goods or specific services provided. The exemption in this paragraph does not extend to the use of the word "Passamaquoddy" as part of any trade name not in use prior to the effective date of this Act or in connection with any specific goods or services not being sold prior to the effective date of this Act. [PL 1993, c. 210, §1 (NEW); PL 1993, c. 210, §2 (AFF).] [PL 1993, c. 210, §1 (NEW); PL 1993, c. 210, §2 (AFF).] SECTION HISTORY PL 1993, c. 210, §1 (NEW). PL 1993, c. 210, §2 (AFF). §7. Inapplicable to corporations, limited partnerships or limited liability companies Sections 1 and 2 do not apply to corporations, limited partnerships or limited liability companies. A corporation desiring to do business under an assumed name shall file a statement as provided in Title 13C, section 404. A limited partnership desiring to do business under an assumed name shall file a statement as provided in section 1308, subsection 2. A limited liability company desiring to do business under an assumed name shall file a statement as provided in section 1510. [PL 2009, c. 629, Pt. A, §3 (AFF); PL 2009, c. 629, Pt. B, §7 (AMD).] SECTION HISTORY PL 1971, c. 439, §15 (NEW). RR 2001, c. 2, §B48 (COR). RR 2001, c. 2, §B58 (AFF). PL 2007, c. 535, Pt. A, §3 (AMD). PL 2007, c. 535, Pt. A, §7 (AFF). PL 2009, c. 629, Pt. A, §3 (AFF). PL 2009, c. 629, Pt. B, §7 (AMD). The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include the following disclaimer in your publication: All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects changes made through the First Special Session of the 132nd Maine Legislature and is current through October 1, 2025. The text 2| Chapter 1. MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS Generated 10.20.2025 NAMES MRS Title 31, Chapter 1. MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS NAMES is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the Maine Revised Statutes Annotated and supplements for certified text. The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to preserve the State's copyright rights. PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the public. If you need legal assistance, please contact a qualified attorney. Generated Chapter 1. MERCANTILE PARTNERSHIPS AND ASSUMED BUSINESS |3 10.20.2025 NAMES