Maine § 805-A. - Assumed or fictitious name of limited liability partnership
Full text of Maine Maine Revised Statutes § 805-A. — Assumed or fictitious name of limited liability partnership, with citation guidance and answers to common questions.
§ 805-A.. Assumed or fictitious name of limited liability partnership
1. Assumed name defined. As used in this section, "assumed name" means a trade name or any name other than the real name of a limited liability partnership except a fictitious name.
2. Fictitious name defined. As used in this section, "fictitious name" means a name adopted by a foreign limited liability partnership authorized to transact business in this State because its real name is unavailable pursuant to section 803‑A.
3. Authorized to transact business. Upon complying with this section, a registered or foreign limited liability partnership authorized to transact business in this State may transact its business in this State under one or more assumed or fictitious names.
4. File statement indicating use of assumed or fictitious name. Prior to transacting business in this State under an assumed or fictitious name, a limited liability partnership shall execute and deliver to the Secretary of State for filing a statement setting forth:
A. The limited liability partnership name; [PL 2003, c. 344, Pt. C, §39 (NEW).]
B. That the limited liability partnership intends to transact business under an assumed or fictitious name; [PL 2003, c. 344, Pt. C, §39 (NEW).]
C. The assumed or fictitious name that the limited liability partnership proposes to use; [PL 2003, c. 344, Pt. C, §39 (NEW).]
D. If the assumed name is not to be used at all of the limited liability partnership's places of business in this State, the locations where that name will be used; and [PL 2003, c. 344, Pt. C, §39 (NEW).]
E. If the company is a foreign limited liability partnership:
(2) The date on which it was authorized to transact business in this State. [PL 2003, c. 344, Pt. C, §39 (NEW).]
A separate statement must be executed and delivered to the Secretary of State for filing with respect to each assumed or fictitious name that the limited liability partnership proposes to use.
5. Compliance required. Each assumed or fictitious name must comply with the requirements of section 803‑A.
6. Enjoin use of assumed or fictitious name. If a limited liability partnership uses an assumed or fictitious name without complying with the requirements of this section, the continued use of the assumed or fictitious name may be enjoined upon suit by the Attorney General or by any person adversely affected by the use of the assumed or fictitious name.
7. Enjoin use despite compliance. Notwithstanding its compliance with the requirements of this section, the use of an assumed name or fictitious name may be enjoined upon suit by the Attorney General or by any person adversely affected by such use if:
A. The assumed or fictitious name did not, at the time the statement required by subsection 4 was filed, comply with the requirements of section 803‑A; or [PL 2003, c. 344, Pt. C, §39 (NEW).]
B. The assumed or fictitious name is not distinguishable on the records of the Secretary of State from a name in which the plaintiff has prior rights by virtue of the common law or statutory law of unfair competition, unfair trade practices, common law copyright or similar law. [PL 2003, c. 344, Pt. C, §39 (NEW).]
The mere filing of a statement pursuant to subsection 4 does not constitute actual use of the assumed or fictitious name set out in that statement for the purpose of determining priority of rights.
8. Terminate use of assumed or fictitious name. A limited liability partnership may terminate an assumed or fictitious name by executing and delivering to the Secretary of State a statement setting forth:
A. The name of the limited liability partnership; [PL 2003, c. 344, Pt. C, §39 (NEW).]
B. That the limited liability partnership no longer intends to transact business under the assumed or fictitious name; and [PL 2003, c. 344, Pt. C, §39 (NEW).]
C. The assumed or fictitious name the limited liability partnership intends to terminate. [PL 2003, c. 344, Pt. C, §39 (NEW).]
Source: official Maine text · Last verified 2026-08-27
Frequently Asked Questions About Maine § 805-A.
What does Maine Revised Statutes § 805-A. cover?
Section 805-A. ("Assumed or fictitious name of limited liability partnership") 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 § 805-A.?
A common citation format is "Maine Revised Statutes § 805-A." (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 § 805-A. 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.