New Hampshire Revised Statutes 151:2-c – Prohibited Use in Corporate Name, Trade Name, or Service Mark
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I. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign corporation or a foreign partnership which includes the words “home health care”, “home care”, or “visiting nurse” or any modification or derivative thereof in its corporate or business name or which includes the practice of providing home health care or visiting nurse services among the objects for which it is established unless the department of health and human services shall have issued, with respect to such applicant, a license pursuant to the provisions of this chapter or a letter certifying that the applicant has made application with the department for licensing under this chapter. A copy of either the license or the letter shall be presented to the secretary of state.
II. The secretary of state shall decline to register any trade name or service mark for a partnership, sole proprietorship, or association which includes the words “home health care”, “home care”, or “visiting nurse” or modifications or derivatives thereof in the firm or business name unless the department of health and human services shall have issued, with respect to such partnership, sole proprietorship, or association, a license pursuant to the provisions of this chapter or a letter certifying that such partnership, sole proprietorship, or association has made application with the department for licensing under this chapter. A copy of either the license or the letter shall be presented to the secretary of state.
III. No person who currently uses the words “home health care”, “home care”, or “visiting nurse” in a firm or business name may advertise or cause to be published an advertisement soliciting or offering that the person is a home health care provider as defined in N.H. Rev. Stat. § 151:2-b, I, unless such person obtains the requisite license required under this chapter.
II. The secretary of state shall decline to register any trade name or service mark for a partnership, sole proprietorship, or association which includes the words “home health care”, “home care”, or “visiting nurse” or modifications or derivatives thereof in the firm or business name unless the department of health and human services shall have issued, with respect to such partnership, sole proprietorship, or association, a license pursuant to the provisions of this chapter or a letter certifying that such partnership, sole proprietorship, or association has made application with the department for licensing under this chapter. A copy of either the license or the letter shall be presented to the secretary of state.
Terms Used In New Hampshire Revised Statutes 151:2-c
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. No person who currently uses the words “home health care”, “home care”, or “visiting nurse” in a firm or business name may advertise or cause to be published an advertisement soliciting or offering that the person is a home health care provider as defined in N.H. Rev. Stat. § 151:2-b, I, unless such person obtains the requisite license required under this chapter.