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ND HB1366

Bill

Status

Passed

3/30/2011

Primary Sponsor

William Devlin

Click for details

Origin

House of Representatives

62nd Legislative Assembly

AI Summary

  • Amends North Dakota Century Code Section 45-11-01 to require partnership fictitious names be expressed using only ASCII characters and prohibits words like "corporation," "company," "incorporated," and "limited" (except "limited" with "partnership").

  • Requires partnership fictitious names to not be the same as or deceptively similar to any reserved or registered name with the secretary of state, including corporate names, LLC names, trade names, and trademarks, unless written consent and a $10 filing fee are provided.

  • Amends Section 47-25-03 to establish the same ASCII character requirement and naming restrictions for registered trade names.

  • Prohibits trade names from containing entity-type words unless the owner actually operates as that type of entity, with an exception allowing franchise trade names only when accompanied by written consent from the franchiser.

  • Passed with strong bipartisan support: House vote 89-2-3, Senate vote 46-0-1.

Legislative Description

A partnership fictitious name and a trade name filed with the secretary of state.

Last Action

Filed with Secretary Of State 03/29

4/14/2011

Committee Referrals

Industry, Business, and Labor1/17/2011

Full Bill Text

No bill text available