PDF《CHAPTER 45-11》

CHAPTER 45-11 FICTITIOUS PARTNERSHIP NAME 45-11-01.

Partnership - Use of fictitious name. (Contingent effective date - See note) 1. As used in this section, fictitious name means a name assumed to identify a partnership and which does not include in its name: a. The true name of each organizational partner;

b. The first name and surname of each partner;

or c. The surname of each partner, repeating a surname if more than one partner has the same surname. 2. Any partnership transacting business in this state under a fictitious name or under a designation that does not show the names of the persons interested as partners must file a fictitious name certificate with the secretary of state, together with a filing fee of twenty-five dollars. When a partnership has more than two members, an additional three dollars must be paid for each additional member not to exceed two hundred fifty dollars. A limited partnership or a foreign limited partnership transacting business under a name filed under chapter 45-10.2 and as provided in section 45-11-03 or a partnership transacting business under a name filed under section 45-13-05 is not required to file a fictitious name certificate under this section. 3. The fictitious name: a. Must be expressed in letters or characters used in the English language as those letters or characters appear in the American standard code for information interchange (ASCII) table. b. May not contain the word corporation , company , incorporated , limited liability company , or limited , or an abbreviation of any of those words. This subsection does not preclude the word limited from being used in conjunction with the word partnership . c. May not be the same as or deceptively similar to any name reserved or registered with the secretary of state unless there is filed with the fictitious name certificate a written consent from the holder of the similar name to use the proposed name and filing fee of ten dollars, whether domestic or foreign, including: (1) Any corporate name;

(2) Any limited liability company name;

(3) Any trade name;

(4) Any other fictitious partnership name;

(5) Any limited partnership name;

(6) Any limited liability partnership name;

(7) Any limited liability limited partnership name;

or (8) Any trademark or service mark. Partnership - Use of fictitious name. (Contingent effective date - See note) 1. As used in this section, fictitious name means a name assumed to identify a partnership and which does not include in its name: a. The true name of each organizational partner;

b. The first name and surname of each partner;

or c. The surname of each partner, repeating a surname if more than one partner has the same surname. 2. A partnership transacting business in this state under a fictitious name or under a designation not showing the names of the persons interested as partners must file a fictitious name certificate with the secretary of state, together with a filing fee of twenty-five dollars. When a partnership has more than two members, an additional three dollars must be paid for each additional member not to exceed two hundred fifty dollars. A limited partnership or a foreign limited partnership transacting business under a name filed under chapter 45-10.2 and as provided in section 45-11-03 or a partnership transacting business under a name filed under section 45-13-05 is not required to file a fictitious name certificate under this section. 3. The fictitious name: Page No.

1 a. Must be expressed in letters or characters used in the English language as those letters or characters appear in the American standard code for information interchange (ASCII) table. b. May not contain the word corporation , company , incorporated , limited liability company , or limited , or an abbreviation of any of those words. This subsection does not preclude the word limited from being used in conjunction with the word partnership . c. Must be distinguishable in the records of the secretary of state from a name reserved or registered with the secretary of state unless there is filed with the fictitious name certificate a written consent from the holder of the indistinguishable name to use the proposed name and filing fee of ten dollars, whether domestic or foreign, including: (1) A corporate name;