LD 1539
pg. 69
Page 68 of 101 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 70 of 101
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LR 1942
Item 1

 
The Secretary of State shall authorize use of the name applied for
if:

 
A.__The entity in possession of the name applied for
consents to the use in writing and submits an undertaking in
a form satisfactory to the Secretary of State to change its
name to a name that is distinguishable on the records of the
Secretary of State from the name of the applicant; or

 
B.__The applicant delivers to the Secretary of State a
certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant's right to use the
name applied for in this State.

 
6.__Use of another limited partnership's name.__A limited
partnership may use the name, including the assumed or fictitious
name, of another domestic or foreign limited partnership that is
used in this State if the other limited partnership is organized
or authorized to transact business in this State and the limited
partnership proposing to use the name:

 
A.__Has merged with the other limited partnership;

 
B.__Has been formed by reorganization of the other limited
partnership; or

 
C.__Has acquired all or substantially all of the assets,
including the limited partnership name, of the other limited
partnership.

 
7.__Determining distinguishability.__In determining whether
names are distinguishable on the records, the Secretary of State
shall disregard the following:

 
A.__The words or abbreviations of words that describe the
nature of the entity, including "professional association,"
"corporation," "company," "incorporated," "chartered,"
"limited," "limited partnership," "limited liability
company," "professional limited liability company," "limited
liability partnership,"__"registered limited liability
partnership," "service corporation" and "professional
corporation";

 
B.__The presence or absence of the words or symbols of the
words "and" and "the"; and

 
C.__The differences in the use of punctuation,
capitalization or special characters.


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