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foreign limited partnership shall execute and deliver to the | Secretary of State for filing a statement setting forth: |
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| A.__The foreign limited partnership name; |
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| B.__The foreign limited partnership's jurisdiction of | organization and date of organization; |
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| C.__That the foreign limited partnership intends to transact | business under a fictitious name; and |
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| D.__The fictitious name that the foreign limited partnership | proposes to use. |
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| | 4.__Compliance required. A fictitious name must comply with | the requirements of section 1308, subsection 1. |
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| | 5.__Enjoin use of fictitious name. If a foreign limited | partnership uses a fictitious name without complying with the | requirements of this section, the continued use of the fictitious | name may be enjoined upon suit by the Attorney General or by any | person adversely affected by the use of the fictitious name. |
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| | 6.__Enjoin use despite compliance. Notwithstanding its | compliance with the requirements of this section, the use of a | fictitious name may be enjoined upon suit of the Attorney General | or of any person adversely affected by such use if: |
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| A.__The fictitious name did not, at the time the statement | required by subsection 3 was filed, comply with the | requirements of section 1308, subsection 1; or |
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| B.__The 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. |
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| The mere filing of a statement pursuant to subsection 3 does not | constitute actual use of the fictitious name set out in that | statement for purposes of determining priority of rights. |
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| | 7.__Terminate use of fictitious name. A foreign limited | partnership may terminate a fictitious name by executing and | delivering a statement setting forth: |
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| A.__The name of the foreign limited partnership; |
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| B.__The foreign limited partnership's jurisdiction of | organization and date of organization; |
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