A.__The assumed or fictitious name did not, at the time the statement required by subsection 4 was filed, comply with the requirements of section 803-A; or

B.__The assumed or fictitious name is not distinguishable on the records of the Secretary of State from a name in which the plaintiff has prior rights by virtue of the common law or statutory law of unfair competition, unfair trade practices, common law copyright or similar law.

The mere filing of a statement pursuant to subsection 4 does not constitute actual use of the assumed or fictitious name set out in that statement for the purpose of determining priority of rights.

8.__Terminate use of assumed or fictitious name.__A limited liability partnership may terminate an assumed or fictitious name by executing and delivering to the Secretary of State a statement setting forth:

A.__The name of the limited liability partnership;

B.__That the limited liability partnership no longer intends to transact business under the assumed or fictitious name; and

C.__The assumed or fictitious name the limited liability partnership intends to terminate.

Sec. C-40. 31 MRSA §806, as amended by PL 1997, c. 376, §63, is repealed.

Sec. C-41. 31 MRSA §806-A is enacted to read:

§806-A.__Registered name of foreign limited liability partnership

1.__Register limited liability partnership name.__A foreign limited liability partnership may register its limited liability partnership name if the name is distinguishable on the records of the Secretary of State pursuant to section 803-A.

2.__Application.__To register its limited liability partnership name, a foreign limited liability partnership must