LD 1539
pg. 77
Page 76 of 101 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 78 of 101
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LR 1942
Item 1

 
C.__Falsely suggests an association with public institutions;
or

 
D.__Violates any other provision of the law of this State
with respect to names.

 
4.__Authorization to use name.__A limited liability company
may apply to the Secretary of State for authorization to use a
name that is not distinguishable on the records of the Secretary
of State from one or more of the names described in subsection 2.
The Secretary of State shall authorize use of the name applied
for if:

 
A.__The entity in possession of the name 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.

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

 
A.__Has merged with the other limited liability company;

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

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

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

 
A.__Words or abbreviations of words that describe the nature of
the entity, including "professional association," "corporation,"
"company," "incorporated," "chartered," "limited," "limited
partnership," "limited liability


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