STAND. COM. REP. NO. 867

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 1142
                                        S.D. 2




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B.
No. 1142, S.D. 1, entitled: 

     "A BILL FOR AN ACT RELATING TO THE NAMES OF CORPORATIONS,
     PARTNERSHIPS, AND LIMITED LIABILITY COMPANIES,"

begs leave to report as follows:

     The purpose of this bill is to give corporations,
partnerships, limited liability partnerships, and limited
liability companies the ability to seek administrative relief
against other entities who have registered or are using a name
that is substantially identical or confusingly similar.

     Your Committee finds that this measure will increase the
protections afforded to businesses by allowing them to file a
petition for an administrative order of abatement with the
Department of Commerce and Consumer Affairs in order to protect
the use of their business name.  Your Committee further finds
that this measure will provide businesses a convenient,
expeditious, and inexpensive process through which they can
resolve their disputes without having to bear the burden of
taking their disputes to court.

     Testimony in support of this measure was submitted by the
Department of Commerce and Consumer Affairs and the Hawaii State
Bar Association Business Law Section.

     Upon further consideration, your Committee has amended this
measure, as requested by the Department of Commerce and Consumer

 
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                                   STAND. COM. REP. NO. 867
                                   Page 2


Affairs, by deleting the reference to "professional corporation"
from section 2 for consistency throughout this measure.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of S.B.
No. 1142, S.D. 1, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as S.B. No. 1142,
S.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair


 
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