Oregon Statutes 70.010 – Name of limited partnership; registration of assumed business name; application of other law
(1) The name of each limited partnership as set forth in its certificate of limited partnership:
Terms Used In Oregon Statutes 70.010
- Certificate of limited partnership: means the certificate referred to in ORS § 70. See Oregon Statutes 70.005
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See Oregon Statutes 70.005
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See Oregon Statutes 70.005
- Partner: means a limited or general partner. See Oregon Statutes 70.005
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) Shall contain without abbreviation the words ‘limited partnership.’
(b) May not contain the name of a limited partner unless:
(A) The name is also the name of a general partner or the corporate name of a corporate general partner; or
(B) The business of the limited partnership had been carried on under that name before the admission of that limited partner.
(c) Must be distinguishable upon the records of the Office of Secretary of State from any other limited partnership or corporate name, including any reserved name or registered corporate name or assumed business name of active record in the Office of Secretary of State. However, the Secretary of State may accept for filing a certificate of limited partnership containing a name that otherwise may not be accepted under this subsection if the applicant submits for filing to the Office of Secretary of State a certified copy of a final judgment or order entered by a court of competent jurisdiction that finds that the applicant has a prior or concurrent right to use the limited partnership name in this state.
(d) May not contain the words ‘incorporated’ or ‘corporation’ or any abbreviation or derivative thereof.
(e) Shall be written using letters of the English alphabet and may include numerals and incidental punctuation.
(2) If a limited partnership carries on, conducts or transacts business in this state under an assumed business name, the assumed business name must be registered under ORS Chapter 648.
(3) Nothing in this section abrogates or limits the law as to unfair competition or unfair trade practices or derogates from the common law, the principles of equity or the statutes of this state or of the United States with respect to the right to acquire and to protect trade names. [1985 c.677 § 3; 1987 c.543 § 2]