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designation "LLP" without filing an assumed name under section 805- | | A. |
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| | | 2.__Distinguishable name.__Except as authorized by subsections | | 3 and 4, a limited liability partnership 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 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. |
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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 | | 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 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 |
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