§425D-904 Name. (a) No registration for a foreign limited partnership shall be accepted by the director if the name of such foreign limited partnership:
(1) Is the same as, or substantially identical to, the name of any domestic corporation, domestic partnership, domestic limited liability company, or domestic limited liability partnership existing or registered to do business under the laws of this State, or any foreign corporation, foreign partnership, foreign limited liability company, or foreign limited liability partnership authorized to transact business in this State, or any trade name, service mark, or trademark registered in this State, or a name the exclusive right to which is, at the time, reserved, except that this provision shall not apply if the foreign limited partnership applying for registration files with the director either of the following:
(A) The written consent of the holder of the registered or reserved name to use the same or substantially identical name and one or more words are added to make the name distinguishable from the other name; or
(B) A certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the foreign limited partnership to the use of the name in this State; and
(2) Is not transliterated into letters of the English alphabet, if the name is not in English.
(b) If a foreign limited partnership is unable to change its name to a name which is available to it under the laws of this State, it may deliver to the director a copy of a certificate of registration of trade name for the foreign limited partnership's file and thereafter become registered to transact business in the State under that name. [L 1989, c 288, pt of §1; am L 1996, c 92, §16; am L 1999, c 249, §30]