| 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 403-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 purposes of determining priority of rights. |
|
| | 8.__Terminate use of assumed or fictitious name.__A limited | partnership may terminate an assumed or fictitious name by | executing and delivering a statement setting forth: |
|
| A.__The name of the limited partnership; |
|
| B.__That the limited partnership no longer intends to | transact business under the assumed or fictitious name; and |
|
| C.__The assumed or fictitious name the limited partnership | intends to terminate. |
|
| | Sec. C-7. 31 MRSA §406, as amended by PL 1995, c. 514, §3, is | repealed. |
|
| | Sec. C-8. 31 MRSA §406-A is enacted to read: |
|
| §406-A.__Registered name of foreign limited partnership |
|
| | 1.__Register limited partnership name.__A foreign limited | partnership may register its limited partnership name if the name | is distinguishable on the records of the Secretary of State | pursuant to section 403-A. |
|
| | 2.__Application.__To register its limited partnership name, a | foreign limited partnership must execute and deliver to the | Secretary of State for filing an application that: |
|
| A.__Sets forth its limited partnership name, the state or | country and date of its organization, the address of its | principal office wherever located and a brief description of | the nature of the business in which it is engaged; and |
|
| B.__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 |
|
|