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31 §1001. Definitions

§1001. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2005, c. 543, Pt. A, §2 (NEW).] 1.  Business.  “Business” includes every trade, occupation and profession.   [PL 2005, c. 543, Pt. A, §2 (NEW).] 2.  Debtor in bankruptcy.  “Debtor in bankruptcy” means a […]

31 §1002. Knowledge and notice

§1002. Knowledge and notice 1.  Knows.  A person knows a fact if the person has actual knowledge of it.   [PL 2005, c. 543, Pt. A, §2 (NEW).] 2.  Has notice.  A person has notice of a fact if the person:   A. Knows of it;   [PL 2005, c. 543, Pt. A, §2 (NEW).] […]

31 §1003. Effect of partnership agreement; nonwaivable provisions

§1003. Effect of partnership agreement; nonwaivable provisions 1.  Partnership agreement governs; default.  Except as otherwise provided in subsection 2, relations among the partners and between the partners and the partnership are governed by the partnership agreement. To the extent the partnership agreement does not otherwise provide, this chapter governs relations among the partners and between […]

31 §1004. Supplemental principles of law

§1004. Supplemental principles of law 1.  Law and equity.  Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter.   [PL 2005, c. 543, Pt. A, §2 (NEW).] 2.  Interest rate.  If an obligation to pay interest arises under this chapter and the rate is not specified, the […]

31 §1005. Execution, filing and recording of statements

§1005. Execution, filing and recording of statements 1.  Filing with Secretary of State.  To be effective under this chapter, a statement must be filed in the office of the Secretary of State. A certified copy of a statement that is filed in an office in another state may be filed in the office of the […]

31 §1006. Governing law

§1006. Governing law 1.  Partnership.  Except as otherwise provided in a filed statement, in a written partnership agreement or in subsection 2, the law of the jurisdiction in which a partnership has its chief executive office governs relations among the partners and between the partners and the partnership.   [PL 2005, c. 543, Pt. A, […]

31 §1008. Forms

§1008. Forms The Secretary of State may prescribe and furnish on request forms for any documents required or permitted to be filed by this chapter. If the Secretary of State so requires, use of these forms is mandatory.   [PL 2005, c. 543, Pt. A, §2 (NEW).] SECTION HISTORY PL 2005, c. 543, §A2 (NEW).

31 §1009. Filing, service and copying fees

§1009. Filing, service and copying fees 1.  Filing fees.  The following fees must be paid to the Secretary of State.   A. For filing a statement of disassociation under section 1074, the fee is $20;   [PL 2005, c. 543, Pt. A, §2 (NEW).] B. For filing a statement of dissolution under section 1085, the […]

31 §1010. Expedited service

§1010. Expedited service The Secretary of State may provide expedited service for the processing of documents in accordance with this chapter. The Secretary of State shall establish a fee schedule and adopt rules to set forth the procedures governing this expedited service. All fees collected as provided by this section must be deposited into a […]

31 §1011. Filing duty of Secretary of State

§1011. Filing duty of Secretary of State 1.  Duty to file.  If a document delivered to the office of the Secretary of State for filing pursuant to this chapter satisfies the requirements of section 1005, the Secretary of State shall file the document.   [PL 2005, c. 543, Pt. A, §2 (NEW).] 2.  Recording as […]

31 §1012. Appeal Secretary of State’s refusal to file document

§1012. Appeal Secretary of State’s refusal to file document 1.  Commencing an appeal.  If the Secretary of State refuses to file a document delivered to the Secretary of State’s office for filing, the partnership within 30 days after the return of the document may appeal the refusal to the Superior Court of the county where […]

31 §1013. Evidentiary effect of copy of filed document

§1013. Evidentiary effect of copy of filed document A certificate from the Secretary of State delivered with a copy of a document filed by the Secretary of State pursuant to section 1011 is conclusive evidence that the original document is on file with the Secretary of State.   [PL 2005, c. 543, Pt. A, §2 […]

31 §1014. Penalty for signing false document

§1014. Penalty for signing false document A person commits a Class E crime if that person signs a document pursuant to this chapter knowing it is false in any material respect with intent that the document be delivered to the Secretary of State for filing.   [PL 2005, c. 543, Pt. A, §2 (NEW).] SECTION […]

31 §1015. Powers

§1015. Powers The Secretary of State has the power reasonably necessary to perform the duties required of the Secretary of State by this chapter, including the power to make rules not inconsistent with this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   […]

31 §1016. Access to Secretary of State’s database

§1016. Access to Secretary of State’s database The Secretary of State may provide public access to the database of the Department of the Secretary of State through a dial-in modem, public terminals and electronic duplicates of the database. If access to the database is provided to the public, the Secretary of State may adopt rules […]

31 §1017. Publications

§1017. Publications 1.  Informational publications.  The Secretary of State may establish by rule a fee schedule to cover the cost of printing and distribution of publications and to set forth the procedures for the sale of these publications. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, […]