Name/DBA Fictitious Business Name Notice

MAINE ASSUMED BUSINESS NAME FILING WORKSHEET

Maine's filing office depends on legal form. This worksheet covers sole proprietors and ordinary partnerships under Title 31, chapter 1, and gives routing notes for corporations and LLCs. Check the statute governing another entity type before filing.

1. SOLE PROPRIETOR OR PARTNERSHIP — MUNICIPAL CLERK

Municipality: [CITY / TOWN], Maine

Assumed Business Name: [NAME]

Nature of Business (partnership or association): [DESCRIPTION]

Owners / Partners:

1.1 Sole proprietor. Before starting business under a name other than the proprietor's own name exclusively, deposit with the clerk of the city or town where the business will be carried on a certificate signed and sworn to by the proprietor. State the proprietor's name and residence, the assumed name, and that the signer is the sole proprietor.

1.2 Partnership or association. Before starting the mercantile enterprise, deposit with the municipal clerk a certificate signed and sworn to by the associated persons. State their names and residences, the nature of the business, and the name under which they will transact business.

1.3 Withdrawal. A withdrawing member may file a sworn certificate of withdrawal in the same clerk's office. Until filed, the withdrawing person is conclusively presumed to remain a member.

1.4 Noncompliance. Failure to timely deposit the certificate required by § 1 or § 2 is punishable by a $5 fine for each day of default.

2. CORPORATION OR LLC — SECRETARY OF STATE

2.1 Corporation. Before transacting under an assumed or fictitious name, file a separate statement for each name under 13-C M.R.S. § 404. State the corporate name, intent to use the other name, proposed name, limited locations of use if applicable, and the foreign-corporation information required by the statute.

2.2 LLC. Before transacting under an assumed or fictitious name, file a separate statement for each name under 31 M.R.S. § 1510. State the LLC name, intent to use the other name, proposed name, limited locations of use if applicable, and the foreign-LLC information required by the statute.

2.3 A corporation or LLC may file the statutory termination statement when it no longer intends to use the assumed or fictitious name.

2.4 Filing does not itself establish priority through actual use. Even a compliant name may be enjoined when another person has prior rights under the laws identified in the entity statute.

3. PUBLICATION, TERM, AND FEES

3.1 The statewide provisions reviewed for this worksheet do not require newspaper publication.

3.2 Sections 1–2, 13-C § 404, and 31 § 1510 do not impose a periodic renewal term on the assumed-name filings covered here.

3.3 Confirm current municipal and Secretary of State fees and form requirements at filing; do not rely on the $10 and $125 amounts stated in the prior template without checking the current office schedule.

4. SIGNATURE

__________________________________________

Printed Name: [NAME]

Capacity: [SOLE PROPRIETOR / PARTNER / AUTHORIZED ENTITY SIGNER]

Date: [DATE]

For a municipal filing, complete the sworn certificate before an official authorized to administer the oath.

5. PRACTITIONER NOTES

• The former template's LLC citation to 31 M.R.S. § 1611 was incorrect; § 1611 governs low-profit LLCs, while § 1510 governs assumed or fictitious LLC names.
• Title 31 §§ 5–6 do not govern corporate DBA filings: § 5 is the daily penalty for violating §§ 1–2, and § 6 restricts certain entity-form words.
• This worksheet creates no generic renewal, publication, record-retention, cure-period, or exclusive-venue obligation.

SOURCES AND REFERENCES

• Maine Legislature — 31 M.R.S. § 1
• Maine Legislature — 31 M.R.S. § 2
• Maine Legislature — 31 M.R.S. § 5
• Maine Legislature — 13-C M.R.S. § 404
• Maine Legislature — 31 M.R.S. § 1510