LD 1539
pg. 71
Page 70 of 104 PUBLIC Law Chapter 344 Page 72 of 104
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LR 1942
Item 1

 
3.__Distinguishable name.__Except as authorized by subsections
4 and 5, a limited partnership name must be distinguishable on
the records of the Secretary of State from:

 
A.__The name of a corporation, limited liability company,
limited liability partnership or limited partnership that is
incorporated, organized or authorized to transact business
or carry on activities in this State;

 
B.__Assumed, fictitious, reserved and registered name
filings for all entities; and

 
C.__Marks registered under Title 10, chapter 301-A, unless
the registered owner or holder of the mark is the same
person or entity as the limited partnership seeking to use a
name that is not distinguishable on the records of the
Secretary of State and files proof of ownership with the
Secretary of State.

 
4.__Refuse to file name.__The Secretary of State, in the
Secretary of State's discretion, may refuse to file a name that:

 
A.__Consists of or comprises language that is obscene;

 
B.__Inappropriately promotes abusive or unlawful activity;

 
C.__Falsely suggests an association with public
institutions; or

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

 
5.__Authorization to use name.__A limited partnership 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 3.
The Secretary of State shall authorize use of the name applied
for if:

 
A.__The entity in possession of the name applied for
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.


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