FICTITIOUS BUSINESS NAME ( “DOING BUSINESS AS” ) NOTICE

State of Maine

[// GUIDANCE: This template is intended for use by Maine-licensed attorneys or out-of-state counsel familiar with Maine practice. It combines (i) the certificate/registration elements that must be filed with the appropriate public office, and (ii) an optional publication notice that may be required by contractual counterparties, lenders, or local custom. Adjust as required for the specific county/municipality.]

I. DOCUMENT HEADER

1.1 Title. FICTITIOUS BUSINESS NAME (“ASSUMED NAME”) NOTICE AND REGISTRATION
1.2 Effective Date. [_] (“Effective Date”)
1.3 Governing Law. State of Maine business-entity statutes concerning assumed names (the “Act”).
1.4 Filing Office. ☐ Maine Secretary of State – Bureau of Corporations, Elections & Commissions
  ☐ Municipal/City/Town Clerk of [_] (required for sole proprietorships & general partnerships)
1.5 Purpose. To register and give public notice that the Registrant(s) identified below will transact business in Maine under the Assumed Name set forth herein.

II. DEFINITIONS

For purposes of this Notice:

“Act” means the currently applicable provisions of the Maine Revised Statutes that regulate the use, registration, renewal, and abandonment of assumed business names.

“Assumed Name” means the fictitious, trade, or “doing-business-as” name specified in Section 3.1.

“Registrant” means each individual or entity executing this Notice and identified in Section 3.2.

“Filing Office” has the meaning given in Section 1.4.

III. OPERATIVE PROVISIONS

3.1 Assumed Name. [ASSUMED BUSINESS NAME]

3.2 Registrant Information.
 (a) Legal Name(s)   : [Full legal name of each owner/entity]
 (b) Entity Type    : ☐ Sole Proprietorship ☐ General Partnership ☐ LLC ☐ Corporation ☐ LLP ☐ Other [_]
 (c) Jurisdiction of Formation (if entity) : [State]
 (d) Principal Business Address    : [Street, City/Town, State ME, Zip]
 (e) Mailing Address (if different)   : [_]

3.3 Business Description (NAICS optional). [Brief description of the goods/services offered]

3.4 Commencement Date. Business under the Assumed Name will commence (or commenced) on [____].

3.5 Term & Renewal. Unless abandoned sooner pursuant to Section 5.2, this registration is effective for five (5) years from the Effective Date and may be renewed for successive five-year terms by filing a Renewal Certificate within thirty (30) days before the expiration of the then-current term.

3.6 Publication (Optional/As Required).
 (a) If publication is required by contractual covenant, lender mandate, or local rule, Registrant shall publish this Notice once a week for two (2) consecutive weeks in a newspaper of general circulation in the county of the principal place of business.
 (b) Proof of publication (affidavit of publisher with tear-sheet) shall be filed with the same Filing Office no later than thirty (30) days after the final publication date.
 [// GUIDANCE: Maine statutes do NOT impose a statewide publication requirement, but certain counties, municipalities, or private counterparties occasionally request proof. Delete this Section 3.6 if unnecessary.]

IV. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Registrant represents that it/he/she possesses full authority to adopt and use the Assumed Name.

4.2 No Conflict. The Assumed Name does not infringe, misappropriate, or conflict with any registered trademark, service mark, corporate name, or other legal right known to the Registrant after reasonable inquiry.

4.3 Accuracy. All information contained in this Notice is true, correct, and complete as of the Effective Date.

4.4 Compliance. Registrant is, and throughout the term hereof shall remain, in good standing under the laws of its jurisdiction of formation (if any) and authorized to transact business in Maine.

4.5 Survival. The representations and warranties set forth in this Article IV survive the filing and publication (if any) of this Notice.

V. COVENANTS & RESTRICTIONS

5.1 Continued Compliance. Registrant shall:
 (a) Promptly file any required amendments if the information in Section 3 becomes inaccurate;
 (b) Timely file renewals as provided in Section 3.5; and
 (c) Maintain current records evidencing proper use of the Assumed Name in business dealings.

5.2 Abandonment. Registrant shall file a Certificate of Abandonment within sixty (60) days after ceasing to use the Assumed Name in Maine.

5.3 Notice of Litigation. Registrant shall, upon service of any complaint challenging the Assumed Name, provide written notice to the Filing Office within ten (10) business days.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
 (a) Failure to renew the registration within the statutory time frame;
 (b) Failure to amend inaccurate information within thirty (30) days of the change; or
 (c) Use of the Assumed Name for fraudulent or deceptive purposes.

6.2 Administrative Remedies. Upon default, the Filing Office may administratively cancel the registration or impose statutory penalties.

6.3 Civil Remedies. Nothing herein limits any private party’s right to seek injunctive relief, damages, or other remedies available at law or in equity arising from misuse of the Assumed Name.

6.4 Attorneys’ Fees. In any action to enforce this Notice or the Act, the prevailing party is entitled to recover reasonable attorneys’ fees and costs, if and to the extent permitted by the Act.

VII. RISK ALLOCATION

[Not applicable—this Notice does not allocate commercial risk between contracting parties. Sections VII(a)–(d) intentionally omitted.]

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Notice, and any dispute arising hereunder, is governed by the laws of the State of Maine, without regard to conflict-of-laws principles.

8.2 Forum Selection. Any action or proceeding relating to this Notice shall be filed with the state court clerk having jurisdiction over the Filing Office identified in Section 1.4.

8.3 Arbitration; Jury Waiver. Not applicable to this Notice unless otherwise required by separate agreement between disputants.

IX. GENERAL PROVISIONS

9.1 Amendments. No amendment or modification of this Notice is effective unless filed in compliance with the Act.

9.2 Assignment. The rights and obligations associated with the Assumed Name may not be assigned except as permitted by the Act and, if applicable, upon filing an amendment reflecting the successor registrant.

9.3 Severability. If any provision of this Notice is held invalid by a court of competent jurisdiction, the remaining provisions remain in full force and effect and shall be construed to fulfill the original intent to the maximum lawful extent.

9.4 Entire Notice. This instrument constitutes the complete and exclusive statement of the registration and notice concerning the Assumed Name, superseding all prior drafts or understandings.

9.5 Electronic Signatures. Pursuant to 10 M.R.S. ch. 1051 et seq. and the federal E-SIGN Act, an electronic signature meeting applicable requirements is deemed an original signature for all purposes under Maine law.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned Registrant(s) execute this Fictitious Business Name Notice as of the Effective Date set forth above.

(Additional signature blocks may be added as needed.)

☐ NOTARY ACKNOWLEDGMENT (required for municipal filings by sole proprietors/general partnerships)
State of Maine  County of [_]
On the day of _, 20_, before me, the undersigned Notary Public, personally appeared ___, proved to me through satisfactory evidence of identification to be the individual(s) whose name(s) is/are signed on this document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose.

Notary Public
My Commission Expires: ___

[// GUIDANCE:
1. Filing Package. Submit (i) this executed Notice, (ii) filing fee check payable to “Secretary of State” or the appropriate municipal clerk, and (iii) self-addressed stamped envelope for returned evidence-of-filing.
2. Renewal Docketing. Calendar the five-year renewal date at least 60 days in advance. Late filings may result in administrative cancellation and loss of name protection.
3. Trademark Overlap. If the Assumed Name will also function as a brand identifier, consider filing a state or federal trademark application for enhanced protection.
4. Multi-County Operations. Sole proprietorships/general partnerships must file identical certificates with each municipal clerk where a place of business is maintained.
5. Foreign Entities. A foreign entity qualifying to do business in Maine under an alternate name should (a) file a Foreign Qualification with “true name” plus “alternate name,” or (b) file this Notice as a standalone certificate, depending on Secretary of State guidance.]