|
(2)__The date on which it was authorized to transact | business in this State. |
|
| A separate statement must be executed and delivered to the | Secretary of State for filing with respect to each assumed or | fictitious name that the limited liability company proposes to | use. |
|
| | 5.__Compliance required.__An assumed or fictitious name must | comply with the requirements of section 603-A. |
|
| | 6.__Enjoin use of assumed or fictitious name.__If a limited | liability company uses an assumed or fictitious name without | complying with the requirements of this section, the continued | use of the assumed or fictitious name may be enjoined upon suit | by the Attorney General or by any person adversely affected by | the use of the assumed or fictitious name. |
|
| | 7.__Enjoin use despite compliance.__Notwithstanding its | compliance with the requirements of this section, the use of an | assumed or fictitious name may be enjoined upon suit by the | Attorney General or by any person adversely affected by such use | if: |
|
| A.__The assumed or fictitious name did not, at the time the | statement required by subsection 4 was filed, comply with | the requirements of section 603-A; or |
|
| B.__The assumed or fictitious name is not distinguishable on | the records of the Secretary of State from a name in which | the plaintiff has prior rights by virtue of the common law | or statutory law of unfair competition, unfair trade | practices, common law copyright or similar law. |
|
| The mere filing of a statement pursuant to subsection 4 does not | constitute actual use of the assumed or fictitious name set out | in that statement for the purpose of determining priority of | rights. |
|
| | 8.__Terminate use of assumed or fictitious name.__A limited | liability company may terminate an assumed or fictitious name by | executing and delivering to the Secretary of State a statement | setting forth: |
|
| A.__The name of the limited liability company; |
|
| B.__That the limited liability company no longer intends to | transact business under the assumed or fictitious name; and |
|
|