§1309. Reserved name; registered name of foreign limited partnership
1.
Reserve use of name.
A person may reserve the exclusive use of a limited partnership name, including an assumed or fictitious name, by executing and delivering for filing an application to the Secretary of State.
A.
The application to reserve a name must set forth:
(1)
The name and address of the applicant; and
(2)
The name proposed to be reserved.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
B.
If the Secretary of State finds that the limited partnership name applied for is distinguishable on the records of the Secretary of State pursuant to section 1308, the Secretary of State shall reserve the name for the applicant's exclusive use for a period of 120 days. The reservation may not be renewed, but after the expiration of the reservation, the same name may be reserved by the same or another applicant.
[PL 2013, c. 99, §4 (AMD).]
C.
The owner of a reserved limited partnership name under this subsection may transfer the reservation to another person by executing and delivering for filing to the Secretary of State a notice of the transfer, signed by the transferor, that states the name and address of the transferee.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
[PL 2013, c. 99, §4 (AMD).]
2.
Register limited partnership name.
A foreign limited partnership may register its limited partnership name by executing and delivering for filing an application to the Secretary of State.
A.
The application to register a limited partnership name must set forth:
(1)
The name of the limited partnership;
(2)
The jurisdiction of its organization and the date of its organization;
(3)
The address of its principal office wherever located;
(4)
A brief description of the nature of the business in which it is engaged; and
(5)
Is accompanied by a certificate of existence or a document of similar import duly authenticated by the secretary of state or other official having custody of limited partnership records in the state or country under whose law the foreign limited partnership is organized. The certificate of existence must have been made not more than 90 days prior to the delivery of the application for filing.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
B.
If the Secretary of State finds that the limited partnership name applied for is distinguishable on the records of the Secretary of State pursuant to section 1308, the Secretary of State shall register the name for the foreign limited partnership's exclusive use upon the effective date of the application until the end of the calendar year in which the application was filed.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
C.
A foreign limited partnership whose registration is effective may renew it for a successive year by delivering for filing to the Secretary of State a renewal application that complies with the requirements of this subsection between October 1st and December 31st. The renewal application, when filed, renews the registration for the following calendar year.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
D.
After its registration is effective, a foreign limited partnership may qualify as a foreign limited partnership under the registered name or may consent in writing to the use of that name by a limited partnership organized under this chapter or by another foreign limited partnership authorized to transact business in this State. The registration terminates when the domestic limited partnership is organized or the foreign limited partnership qualifies or consents to the qualification of another foreign limited partnership under the registered name.
[PL 2005, c. 543, Pt. C, §2 (NEW).]
[PL 2005, c. 543, Pt. C, §2 (NEW).]
SECTION HISTORY
PL 2005, c. 543, §C2 (NEW). PL 2013, c. 99, §4 (AMD).