14-8-48. Name of foreign limited liability partnership.

A foreign limited liability partnership may apply for a certificate of authority with the Secretary of State under any name, whether or not it is the name under which it is registered in its jurisdiction of organization; provided, however, that such name:#

1. (1)

   Must contain the words ‘‘limited liability partnership’’ or ‘‘limited liability limited partnership’’ (it being permitted to abbreviate the word ‘‘limited’’ as ‘‘ltd.’’) or the abbreviation ‘‘L.L.P.’’ or ‘‘L.L.L.P.’’ or the designation ‘‘LLP’’ or ‘‘LLLP’’;#

2. (2)

   Must be distinguishable on the records of the Secretary of State from the name of any corporation, nonprofit corporation, limited partnership, foreign limited liability partnership, professional corporation, professional association, limited liability company, or limited liability partnership on file with the Secretary of State pursuant to this title; and#

3. (3)

   May not contain any words indicating that the business is organized other than as a limited liability partnership.#

Whenever a foreign limited liability partnership is unable to procure a certificate of authority to transact business in this state because its name does not comply with paragraph (2) of subsection (a) of this Code section, it may nonetheless apply for authority to transact business in this state by adding in parentheses to its name in such application a word, abbreviation, or other distinctive and distinguishing element such as the name of the jurisdiction where it is organized. If in the judgment of the Secretary of State the name of the foreign limited liability partnership with such addition would comply with subsection (a) of this Code section, subsection (a) of this Code section shall not be a bar to the issuance to such foreign limited liability partnership of a certificate of authority to transact business in this state. In such case, any such certificate issued to such foreign limited liability partnership shall be issued in its name with such additions, and the foreign limited liability partnership shall use such name with such additions in all its dealings with the Secretary of State.#