As Amended
SEC. 79-12-97. Name of foreign limited liability partnership.
(1) The name under which a foreign limited liability partnership proposes to register and transact business in this state shall include the words "limited liability partnership," "registered limited liability partnership" or the abbreviations "L.L.P.," "LLP," "R.L.L.P." or "RLLP."
(2) Except as authorized by subsection (3) of this section, the name of the foreign limited liability partnership must be distinguishable upon the records of the Secretary of State from (a) the name of any domestic or foreign corporation, nonprofit corporation, limited partnership, limited liability company or limited liability partnership organized or registered under the laws of this state; and (b) a name reserved or registered in the office of the Secretary of State for any of the entities named in this subsection.
(3) A foreign limited liability partnership may apply to the Secretary of State for authorization to use a name that is not distinguishable upon his records from one or more of the names described in subsection (2) of this section. The Secretary of State shall authorize the use of the name applied for if:
(a) The other domestic or foreign corporation, nonprofit corporation, limited partnership, limited liability company or limited liability partnership consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying foreign limited liability partnership; or
(b) The applicant delivers to the Secretary of State a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state.
SOURCES: Laws, 1995, ch. 353, Sec. 14, eff from and after July 1, 1995