35-12-1304. Name. (1) A foreign limited partnership may register with the secretary of state under a name that includes the words "limited partnership" and that could be registered by a domestic limited partnership if the foreign limited partnership name is distinguishable in the records of the secretary of state from:
     (a) the name of another limited partnership authorized to transact business in this state; and
     (b) any assumed business name, limited liability company name, limited liability partnership name, corporation, trademark, or service mark registered with the secretary of state.
     (2) A foreign limited partnership may apply to the secretary of state for authorization to use a name that is not distinguishable in the secretary of state's records from one or more of the names described in subsection (1)(b). The secretary of state shall authorize use of the name applied for if:
     (a) the limited partnership that has previously registered the name with the secretary of state consents to the use in writing and submits an undertaking, in a form satisfactory to the secretary of state, to change its name to a name that is distinguishable in the records of the secretary of state from the name of the limited partnership that is applying for the name; 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 for which the applicant applied.

     History: En. Sec. 54, Ch. 522, L. 1981; amd. Sec. 17, Ch. 71, L. 2005.