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(2)__The date on which it was authorized to transact | | business in this State. |
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| | | 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. |
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| | | 5.__Compliance required.__An assumed or fictitious name must | | comply with the requirements of section 603-A. |
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| | | 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. |
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| | | 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: |
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| | | 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 |
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| | | 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. |
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| | | 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. |
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| | | 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: |
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| | | A.__The name of the limited liability company; |
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| | | B.__That the limited liability company no longer intends to | | transact business under the assumed or fictitious name; and |
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