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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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