§425D-102 Name. (a) The name of each limited partnership as set forth in its certificate of limited partnership:

(1) May not contain the name of a limited partner unless:

(A) It is also the name of a general partner or the corporate name of a corporate general partner; or

(B) The business of the limited partnership had been carried on under that name before the admission of that limited partner;

(2) Shall not be the same as, or substantially identical to, the name of any domestic corporation, partnership, limited liability company, or limited liability partnership existing or registered under the laws of this State, or any foreign corporation, partnership, limited liability company, or limited liability partnership authorized to transact business in this State, or any trade name, trademark, or service mark registered in this State, or a name the exclusive right to which is, at the time, reserved in this State, except that this provision shall not apply if the applicant files with the director either of the following:

(A) The written consent from the entity or holder of a reserved or registered 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 applicant to the use of the name in this State.

(b) The director may adopt, amend, and repeal such rules as may be necessary to carry out the purpose of this section. [L 1989, c 288, pt of §1; am L 1996, c 92, §14; am L 1999, c 249, §28; am L 2000, c 4, §5 and c 219, §60]