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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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