§1328. Liability for false information in filed record

1.  Damages for record containing false information.  If a record delivered to the Secretary of State for filing under this chapter and filed by the Secretary of State contains false information, a person that suffers loss by reliance on the information may recover damages for the loss from:

A. A person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be false at the time the record was signed; and   [PL 2005, c. 543, Pt. C, §2 (NEW).]

B. A general partner that has notice that the information was false when the record was filed or has become false because of changed circumstances, if the general partner has notice for a reasonably sufficient time before the information is relied upon to enable the general partner to effect an amendment under section 1322, file a petition pursuant to section 1325 or deliver to the Secretary of State for filing a change of registered agent as required by Title 5, section 108 or a statement of correction as required by section 1327.   [PL 2007, c. 323, Pt. F, §14 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]

[PL 2007, c. 323, Pt. F, §14 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]

2.  Signing constitutes affirmation.  Signing a record authorized or required to be filed under this chapter constitutes an affirmation under the penalties of perjury that the facts stated in the record are true.

[PL 2005, c. 543, Pt. C, §2 (NEW).]

SECTION HISTORY

PL 2005, c. 543, §C2 (NEW). PL 2007, c. 323, Pt. F, §14 (AMD). PL 2007, c. 323, Pt. G, §4 (AFF).