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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: |
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| 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 |
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| 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. |
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| | 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: |
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| A.__Has merged with the other limited liability partnership; |
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| B.__Has been formed by reorganization of the other limited | liability partnership; or |
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| C.__Has acquired all or substantially all of the assets, | including the limited liability partnership name, of the | other limited liability partnership. |
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| | 6. Determining distinguishability. In__determining whether | names are distinguishable on the records, the Secretary of State | shall disregard the following: |
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| 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"; |
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| B.__The presence or absence of the words or symbols of the | words "and" and "the"; and |
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