LD 1539
pg. 87
Page 86 of 104 PUBLIC Law Chapter 344 Page 88 of 104
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LR 1942
Item 1

 
designation "LLP" without filing an assumed name under section 805-
A.

 
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:

 
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 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.

 
3.__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.

 
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:

 
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


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