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
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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:
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;
(2) A limited liability company name;
(3) A trade name;
(4) Any other fictitious partnership name;
(5) A limited partnership name;
(6) A limited liability partnership name;
(7) A limited liability limited partnership name; or
(8) A trademark or service mark.
4. The secretary of state shall determine whether a fictitious partnership name is
distinguishable in the secretary of state's records from another name for purposes of
this chapter and may adopt rules reasonable or necessary for making these
determinations.