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company is filing an assumed name under section 605-A or a | | registration of name under section 606-A.__If the words "Limited | | Liability Company," "Limited Liability Company, Chartered," | | "Limited Liability Company, Professional Association," "Limited | | Liability Company, P.A." or any of the designations without commas | | are used, a limited liability company may also use the abbreviation | | "L.L.C." or the designation "LLC" without filing an assumed name | | under section 605-A. |
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| | | 2.__Distinguishable name. Except as authorized by subsections | | 3 and 4, a limited liability company name must be distinguishable | | on the records of the Secretary of State from: |
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| | | 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; |
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| | | B.__Assumed, fictitious, reserved and registered name | | filings for all entities; and |
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| | | 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 liability company 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. |
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| | | 3.__Refuse to file name.__The Secretary of State, in the | | Secretary of State's discretion, may refuse to file a name that: |
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| | | A.__Consists of or comprises language that is obscene; |
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| | | B.__Inappropriately promotes abusive or unlawful activity; |
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| | | C.__Falsely suggests an association with public | | institutions; or |
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| | | D.__Violates any other provision of the law of this State | | with respect to names. |
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| | | 4.__Authorization to use name.__A limited liability company | | 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 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 |
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