Sec. 34-407. (Formerly Sec. 34-81t). Domestic and foreign limited liability partnerships: Reservation of name.
Sec. 34-407. (Formerly Sec. 34-81t). Domestic and foreign limited liability
partnerships: Reservation of name. (a) The exclusive right to use a limited liability
partnership name may be reserved by: (1) Any person intending to form a registered
limited liability partnership and to adopt that name; (2) any registered limited liability
partnership, or any foreign registered limited liability partnership operating in this state,
that intends to adopt that name; (3) any foreign registered limited liability partnership
intending to operate in this state and to adopt that name; or (4) any person intending to
apply for a certificate of authority for a foreign registered limited liability partnership
to operate in this state and to adopt that name.
(b) The reservation shall be made by filing with the Secretary of the State an application together with the applicable fee, executed by the applicant, to reserve a specified
name. If the Secretary of the State finds that the name is available for use by a registered
limited liability partnership or foreign registered limited liability partnership, he shall
reserve the name for the exclusive use of the applicant for a period of one hundred
twenty days counting the date of such filing as the first of the one hundred twenty days.
(c) The holder of a reserved limited liability partnership name may renew the reservation for successive periods of one hundred twenty days each from the date of such
renewal.
(d) The right of the exclusive use of a reserved name may be transferred to another
person by filing with the Secretary of the State a notice of the transfer, executed by the
applicant for whom the name was reserved and specifying the name to be transferred
and the name and address of the transferee. The transfer shall not extend the term during
which the name is reserved.
(e) Any person for whom a specified limited liability partnership name has been
reserved pursuant to subsection (b) of this section may, during the period for which such
name is reserved, terminate such reservation by filing in the office of the Secretary of
the State an application for cancellation of reservation of limited liability partnership
name, together with the applicable fee.
(P.A. 94-218, S. 21, 28; P.A. 95-252, S. 9; P.A. 96-77, S. 13.)
History: P.A. 94-218 effective January 1, 1996; P.A. 95-252 amended Subsec. (a) to specify that the reservation is of
the exclusive right to use a "limited liability partnership" name, amended Subsec. (c) to replace "a reserved registered
limited liability partnership or foreign registered limited liability partnership name" with "a reserved limited liability
partnership name" and added Subsec. (e) to authorize the cancellation of the reservation of a limited liability partnership
name and specify the procedure therefor; P.A. 96-77 amended Subsec. (b) to make a technical change; Sec. 34-81t transferred to Sec. 34-407 in 1997.