LD 1539
pg. 85
Page 84 of 101 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 86 of 101
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LR 1942
Item 1

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

 
A.__Has merged with the other limited liability partnership;

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

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

 
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
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


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