Montana Code 30-13-202. Registration of assumed business name — when prohibited — contest procedure — rulemaking authority
30-13-202. Registration of assumed business name — when prohibited — contest procedure — rulemaking authority. (1) When an application for registration or amendment to the registration of an assumed business name contains an assumed business name that is the same as or not distinguishable on the record from an assumed business name already registered or from any corporate name, limited partnership name, limited liability company name, limited liability partnership name, trademark, or service mark registered or reserved with the secretary of state, the secretary of state may not register the assumed business name for which application is made.
Terms Used In Montana Code 30-13-202
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assumed business name: means any business name other than the full, true, and correct name of a person. See Montana Code 30-13-201
- Business name identifier: means a word or words used by a business entity in its name or title that describes the type or form of its business. See Montana Code 30-13-201
- 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: means any individual, partnership, corporation, limited partnership, limited liability company, limited liability partnership, or other association. See Montana Code 30-13-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)An applicant for an assumed business name may not use a business name identifier that incorrectly states the type of entity that it is or incorrectly implies that it is a type of entity other than the type of entity that it is.
(3)A person doing business in this state may contest the registration of an assumed business name by following the procedures set forth in 35-14-401.
(4)The secretary of state may adopt rules to implement the provisions of this chapter that assign duties to the secretary of state.