Maine § 1438. - Filings required for merger; effective date
Full text of Maine Maine Revised Statutes § 1438. — Filings required for merger; effective date, with citation guidance and answers to common questions.
§ 1438.. Filings required for merger; effective date
1. Articles of merger; signed. After each constituent organization has approved a merger, articles of merger must be signed on behalf of:
A. Each preexisting constituent limited partnership, by each general partner listed in the certificate of limited partnership; and [PL 2005, c. 543, Pt. C, §2 (NEW).]
B. Each other preexisting constituent organization, by an authorized representative. [PL 2005, c. 543, Pt. C, §2 (NEW).]
2. Articles of merger; contents. The articles of merger must include:
A. The name and form of each constituent organization and the jurisdiction of its governing statute; [PL 2005, c. 543, Pt. C, §2 (NEW).]
B. The name and form of the surviving organization, the jurisdiction of its governing statute and, if the surviving organization is created by the merger, a statement to that effect; [PL 2005, c. 543, Pt. C, §2 (NEW).]
C. The date the merger is effective under the governing statute of the surviving organization; [PL 2005, c. 543, Pt. C, §2 (NEW).]
D. If the surviving organization is to be created by the merger:
(2) If the surviving organization will be an organization other than a limited partnership, the organizational document that creates the organization; [PL 2005, c. 543, Pt. C, §2 (NEW).]
E. If the surviving organization preexists the merger, any amendments provided for in the plan of merger for the organizational document that created the organization; [PL 2005, c. 543, Pt. C, §2 (NEW).]
F. A statement as to each constituent organization that the merger was approved as required by the organization's governing statute; [PL 2005, c. 543, Pt. C, §2 (NEW).]
G. If the surviving organization is a foreign organization not authorized to transact business in this State, the street and mailing address of an office that may be used for service of process under section 1439, subsection 2; and [PL 2007, c. 323, Pt. F, §35 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
H. Any additional information required by the governing statute of any constituent organization. [PL 2005, c. 543, Pt. C, §2 (NEW).]
3. Deliver to Secretary of State. Each constituent limited partnership shall deliver the articles of merger for filing in the office of the Secretary of State.
4. Merger effective. A merger becomes effective under this subchapter:
A. If the surviving organization is a limited partnership, upon the later of:
(2) Subject to section 1326, subsection 3, as specified in the articles of merger; or [PL 2005, c. 543, Pt. C, §2 (NEW).]
B. If the surviving organization is not a limited partnership, as provided by the governing statute of the surviving organization. [PL 2005, c. 543, Pt. C, §2 (NEW).]
Source: official Maine text · Last verified 2026-08-27
Frequently Asked Questions About Maine § 1438.
What does Maine Revised Statutes § 1438. cover?
Section 1438. ("Filings required for merger; effective date") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 1438.?
A common citation format is "Maine Revised Statutes § 1438." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 1438. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.