Morning After: It's Summers, Dill, Raye, Courtney
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What a great event, and wonderful display of party unity, from the R Senatorial and Congressional candidates!
Contrast this with the Maine Democratic Party, which is swiftly developing a colossal crevasse between support for Dill, and support for King Cellophane.
I will congratulate Charlie Summers if he gives me a real answer to the email I sent to him yesterday.
Dear Secretary Of State Summers.
I have looked for certain corporations including the Loring Development Authority, The Small Enterprise Growth Fund, The Midcoast Regional Redevelopment Foundation, The Maine Development Foundation in the Bureau Of Corporations data base but they are not to be found.
I called the Bureau and I was told that I could request the annual report for these corporations at The Legislative Library.
I requested the annual report for The Loring Development Authority, The Midcoast Regional Redevelopment Authority, and The Small Enterprise Growth Fund.
I was told that the latest annual report on file for the Midcoast Regional Redevelopment Authority is for 2009-2010. That is online and I have it already.
I was sent the latest annual report for the Loring Development Authority - year 2011. It is a 26 page document and looks comprehensive with similar information as is available in the MRRA annual report, which is above and beyond the minimal requirements listed under general corporate law for annual reports, which seems appropriate for corporations that are using taxpayer money.
I was told that the latest annual report for The Small Enterprise Growth Fund is dated year 2006 but it does not even look like an annual report. It looks like a public relations brochure and is similar to what is available on the SEGF website for which the latest available information is dated 2009.
Article IV Part Third Section 14 of the Maine State Constitution states that ALL corporations, however formed, are subject to general law. A function of the Bureau of Corporations is to serve as administrator of general corporate laws posted on the website.
I asked at the legislative Library - If the of corporations chartered by special act of legislation for the purpose of being instrumentalities of the state are not filed at The Bureau Of Corporations but the annual reports are kept in the legislative library- then what authority administers general laws over this class of corporations?
It seems to me that it is the responsibility of the Secretary Of State to administer general laws governing ALL Corporations- even those chartered by a special act of legislation for a non-municipal purposes. The responsibility falls on the Secretary Of State, who surely cannot be unaware of the existence of said corporations.
Can you please give an accurate response as to whether or not the corporations that have been chartered by special act of legislation to serve state purposes are being governed by general law- and if so why they are not publicly accessible at the Bureau Of Corporations especial since they are deemed to be serving the "public purpose" in the legislation that chartered them?
***End Of Letter****
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So far I have received this response- which just looks like an automatically generated response that anyone will get innitially.
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Thank you so much for taking the time to contact me. This message is to confirm that I have received your e-mail and am taking the appropriate steps to follow-up.
Your questions, concerns and suggestions are important. Depending on the nature of the issue, I may ask one of my colleagues to contact you directly in order to ensure that you receive a timely and informed response.
For news and information on issues directly related to the Department of the Secretary of State, please visit our website at http://www.maine.gov/sos/.
Sincerely,
Charles E. Summers, Jr.
Secretary of State
I will congratulate Charlie Summers if he gives me a real answer to the email I sent to him yesterday.
Yeah, he's not very busy right now.
Mack. could you please not bore the candidate ti death just yet,please.
Mack, Did you ever go to Portland and the Registry of deeds to see who owns the land at the old BNAS? I don't mean the facilities. I mean the land. That's where you begin.
The US Government owned NASB. BRAC 2005 closed the base. Federal Regulations, that trump Maine law, stipulate how the land is conveyed. In the year that the base has been closed, some land has been conveyed to MRRA and some to SMCC. The Navy still owns the rest of it. A lot of the land is still contaminated, particularly the area that heads towards Harpswell.
It'll be a long time before the actual SOS answers an inquiry. Probably hasn't had time in 6 or 7 weeks. I'm wondering how much vacation time a State Employee gets their second year of employment. i'm betting not enough to get him through November.
I really don't know what the secretary of state does. I know he collects a lot of fees, but isn't that automated? I doubt if he lifts a finger there. I'm pretty sure he doesn't sign each driver's licence individually.
It's a whole Department that could be eliminated, and I doubt if there would be a citizen that would miss it.
The only real "public service" that they seem to do is keep track of the bad drivers!
Admittedly Tom they do a very bad job of that in reality inconjunction w/ police.
Tom C, isn't the SoS in charge of the elections and makes sure all of the candidates follow the rules?
Is he? Could be.
Why isn't that the job of the AG?
Rep Mckane- Don't you know that the government works for the people of Maine and that the government of Maine is governed by the Maine state constitution? Mr Summers may be running for US Senator but he is still the Secretary Of State and that is the capacity in which I am addressing him as an INDIVIDUAL citizen of maine _ not as the "collective". . If his attitude is that he is too busy running for US Senator to attend to his current obligations to the citizens of Maine, then perhaps he would not make a very good US senator.
Bruce Libby- Didn't I hear a while back that you are legal council for Governor Lepage- If so -Do you speak for Governor Lepage when you say that upholding the constitution is simply a bore? Maybe you can help devise a robo responder for the Maine state government that says something to that effect?
Roger EK- I haven't been to check who owns the land at the MRRA - but this is a different subject. The current question addressed to the Secretary is on the provision in the Maine State Constitution that requires ALL corporations, HOWEVER FORMED , to be subject to general law. Charlie Summers is the Secretary of State, the office charged with administering general corporate law. I mentioned the MRRA only as an example of several corporations chartered by special act of legislation to serve the purposes of the state- which are NOT to be found listed at the Bureau of Corporations- and as far as I can tell not even governed by general law. I am simply asking the ultimate source whether not not these corporations are being governed by general law. It is a general law governing ALL corporations in Maine that they file an annual report with the Secretary Of State. The requirements in this annual report are very minimal.
Tom C- If it is the duty of the Secretary Of State to ensure that all candidates follow the rules, then Charlie Summers needs to recuse himself from that responsibility as if he doesn't that means that he is policing himself. That's an interesting point but my point is that in his function as Secretary of State, Charlie Summers is charged with making sure that ALL corporations in Maine - HOWEVER FORMED, follow the rules. I am simply asking a question to see if he is doing just that.
I know it is audacious of a mere plebe such as myself to ask an important and busy person like Charlie Summers a question and expect an answer. Quite frankly I would be very surprised if I get a real answer- more likely I will receive an answer that looks like a pre-written auto- responder and bears no relationship to my question , which I will post on my blog- a small an insignificant blog that does not have a lot of followers and so little to worry about.
I am even more audacious than I have let on here. I also posted the suggestion on Governor Lepage's Facebook Page that a minimum requirement for corporate instrumentalities of the state to receive some of the bond money that they so covet is to be in compliance with general law that governs all corporations in Maine , however formed- pursuant to Article IV, part Third, Section 14 of the Maine State Constitution. At least they should be required to have filed an up to date annual report with the. minimum requirements listed at the Bureau Of Corporations. How hard is that?
Dear Mackenzie if you did hear awhile back I was "counsel to gov." there is at least one thing ypou need to do.
Get a hearing check,second stop this rumor/ information from spreading so Dan Billings Legal Counsel to the Gov. can feel secure in his employment enjoying the benefits of such !
Dans' had a questionable week his guy who I voted for came in third,have some compassion.
Along that line be patient and some day you will find someone who will agree with your stance on that issue.
So far it appears you have not been successful in that endeavor!
The Department of the Secretary of State touches the lives of virtually every Maine resident. From safeguarding the original Maine State Constitution and preserving millions of precious historic documents, to conducting state elections and testing motor vehicle operators, the broad array of Department functions is unusual and interesting.
Blah, blah, blah. Give the archives to the Maine Historical Soceity, reduce the Bureau of Corporations to a blue-haired old lady with a roladex, (make the annual fee $5) and eliminate the Department of Motor vehicles. The town clerks are the ones that actually conduct the elections, we don't need a whole state cabinet office to add the numbers up.
Not a citizen of Maine (other than those employed by these agencies) would suffer a bit.
Bruce, Glad to know the rumor is not true- But as you can see, I said IF it is true- NOT THAT it was true- So Get a vision check!
I see my mistake I am confusing you and Dan Billings- Thanks for pointing that out.
I do not know how you have arrived at the conclusion that no one agrees with me- Generally speaking no one refutes or agrees with my posts. The way I see it, if there were a valid argument to make refuting my conclusions, someone would have done so. Instead slowly there are some coming out in agreement. The current post is not the same issue as before-. the discovery that the entire network of corporate instrumentalities of the state is hidden away and apparently not being governed by general laws, is a recent revelation. The purpose of the letter to the Secretary of State is an attempt to either refute or confirm that conclusion from one who ought to know. If you disagree with the conclusion that I am implicating- then why don't you make a reasoned argument to that end?
It appears to be that the entire network of unconstitutional corporate instrumentalities of the state is operating our side of general law- even though the requirements to be in compliance are so minimal, it likely would only take half an hour to complete- but maybe the legislature is trying to save the taxpayer money on the filing fees.
Since the consequence of not doing so is that the Secretary of State can dissolve the non-compliant corporation, if my conclusion are correct, then the Secretary of State can dissolve the entire network of corporate instrumentalites of the state. That is about as likely to happen as deporting all of the illegal aliens in the United States - but upholding that all corporations are subject to general law can be done at any time-in fact that is what the Secretary of State is supposed to do.
Not that it will matter much but, the SoS has already addressed the issue of his running for an office and how he would recuse himself from any duties etc. requiring a opinion or finding ,which will be handled by the deputy of the elections division.
Tom I agree that maybe some of the functions could.d be done away with etc. but given your various views on law enforcement officers do you really want the super troopers dong it all!
But on the other side of things that would eliminate all those very impressive examiners(W/ bus driver crush hats) probably inflicting grievous harm to their psyches!
This is the reply I have received to my inquiry. In short- Statutory law supersedes the constitution- in fact there is no reference to the constitution.
Dear Ms. Andersen,
The Secretary of State’s office only serves as the repository for corporate records that are filed with our office pursuant to the various corporate entity statutes. The three entities you are inquiring about are not filed with our office under any of the corporate statutes. The Secretary of State does not have oversight over all corporations formed.
Small Enterprise Growth Board was formed under 10 MRSA §471. This board is governed under 5 MRSA §12004-F as a bonding and financing organization required to file a board annual report with the Secretary of State’s office. I have attached a copy of the past two year’s annual reports for you.
The other entities you inquired about, Loring Development Authority (5 MRSA §13080), Midcoast Regional Redevelopment Authority (5 MRSA §13083-G), and the Maine Development Foundation (10 MRSA §916) are not required to file board annual reports with our office. The Governor does make appointments to these boards and they are all required to file annual reports to the Governor and the Legislature pursuant to the statute that governs these boards.
I hope I have answered your questions. If you have any further questions, feel free to contact me directly.
Sincerely,
Cathy Beaudoin
Director of Corporations, UCC & Commissions
Department of the Secretary of State
Bureau of Corporations, Elections & Commissions
101 State House Station, Augusta, ME 04333-0101
Tel. 207.624.7748
Fax 207.287.5874
The answer above contradicts the answer I received to my previos question
Dear Cathy Beaudoin, Director
The Bureau of Corporations website states that its purpose is to serve as a repository for ALL records relating to over 80,000 business entities and nonprofit corporations. Are there some corporations- either profit or non-profit that exist in Maine but are not tracked by the Beurea of Corporations?
Answer:
Dear Ms. Anderson,
The purpose of the Division of Corporations is to serve as a repository for all records relating to business entities and nonprofit corporations operating in the State. If an out of state business is operating in Maine and portraying themselves as a business entity or nonprofit corporation then they may be required to file with our office. Unfortunately, our office does not have an attorney on staff to assist them in determining whether they should or shouldn't be qualified to do business in the State of Maine. We recommend that they seek advice from an attorney or tax professional.
For your information, Maine laws on Foreign (any corporation formed outside of Maine) Corporations can be found on the State’s website at http://www.mainelegislature.org/legis/statutes/13-C/title13-Csec1501.html. In Section 1501, the law defines what does not constitute doing business.
Tracy M. Sebranek
Supervisor of Corporations & UCC
Department of the Secretary of State
Bureau of Corporations, Elections & Commissions
101 State House Station, Augusta, ME 04333-0101
Telephone: 207.624.7745
Fax: 207.287.5874
I don't see any restrictions in that answer such as "all In the private sector"- which would clearly be a violation of Article IV Part Third Section 14 of the Maine State Constitution.
I guess if a corporation is chartered by special act of legislation to serve as an instrumentality of the state, then it is not a corporation, despite the fact that it is stated as being just that.- And a investment company chartered by special act of legislation such as the Small Enterprise growth Fund- is not a "business entity" and a non-profit corporation that functions as an instrumentality of the state is not a nonprofit corporation. Of course not.
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