LD 1609
pg. 117
Page 116 of 146 PUBLIC Law Chapter 543 Page 118 of 146
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LR 1469
Item 1

 
foreign limited partnership shall execute and deliver to the
Secretary of State for filing a statement setting forth:

 
A.__The foreign limited partnership name;

 
B.__The foreign limited partnership's jurisdiction of
organization and date of organization;

 
C.__That the foreign limited partnership intends to transact
business under a fictitious name; and

 
D.__The fictitious name that the foreign limited partnership
proposes to use.

 
4.__Compliance required. A fictitious name must comply with
the requirements of section 1308, subsection 1.

 
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.

 
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:

 
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

 
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.

 
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.

 
7.__Terminate use of fictitious name. A foreign limited
partnership may terminate a fictitious name by executing and
delivering a statement setting forth:

 
A.__The name of the foreign limited partnership;

 
B.__The foreign limited partnership's jurisdiction of
organization and date of organization;


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