Utah Code 48-1d-1105. Permitted names
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(1) The name of a partnership that is not a limited liability partnership may not contain the phrase “Registered Limited Liability Partnership” or “Limited Liability Partnership” or the abbreviation “R.L.L.P.”, “L.L.P.”, “RLLP”, or “LLP”.
Terms Used In Utah Code 48-1d-1105
- Business: includes every trade, occupation, and profession. See Utah Code 48-1d-102
- 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.
- Division: means the Division of Corporations and Commercial Code. See Utah Code 48-1d-102
- Foreign limited liability partnership: means a foreign partnership whose partners have limited liability for the debts, obligations, or other liabilities of the foreign partnership under a provision similar to Subsection 48-1d-306(3). See Utah Code 48-1d-102
- 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.
- Partnership: means an association of two or more persons to carry on as co-owners a business for profit formed under this chapter or that becomes subject to this chapter under Part 10, Merger, Interest Exchange, Conversion, and Domestication, or Section 48-1d-1405. See Utah Code 48-1d-102
- Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 48-1d-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 48-1d-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) The name of a limited liability partnership must contain the words “Registered Limited Liability Partnership”, “Limited Liability Partnership”, “R.L.L.P.”, “L.L.P.”, “RLLP”, or “LLP”.
(3) Except as otherwise provided in Subsection (6), the name of a limited liability partnership and the name under which a foreign limited liability partnership may register to do business in this state must be distinguishable on the records of the division from any:
(3)(a) name of an existing person whose formation required the filing of a record by the division;
(3)(b) name of a limited liability partnership;
(3)(c) name of a person that is registered to do business in this state by the filing of a record by the division;
(3)(d) name reserved under Section 48-1d-1106 or other law of this state providing for the reservation of a name by the filing of a record by the division;
(3)(e) name registered under Section 48-1d-1107 or other law of this state providing for the registration of a name by the filing of a record by the division; or
(3)(f) assumed name registered under Title 42, Chapter 2, Conducting Business Under Assumed Name.
(4) If a person consents in a record to the use of the person’s name and submits an undertaking in a form satisfactory to the division to change the person’s name to a name that is distinguishable on the records of the division from any name in any category of names in Subsection (3), the name of the consenting person may be used by the person to which the consent was given.
(5) Except as otherwise provided in Subsection (6), in determining whether a name is the same as or not distinguishable on the records of the division from the name of another entity, words, phrases, or abbreviations indicating the type of entity, such as “corporation”, “corp.”, “incorporated”, “Inc.”, “professional corporation”, “PC”, “P.C.”, “professional association”, “PA”, “P.A.”, “Limited”, “Ltd.”, “limited partnership”, “LP”, “L.P.”, “limited liability partnership”, “LLP”, “L.L.P.”, “registered limited liability partnership”, “RLLP”, “R.L.L.P.”, “limited liability limited partnership”, “LLLP”, “L.L.L.P.”, “registered limited liability limited partnership”, “RLLLP”, “R.L.L.L.P.”, “limited liability company”, or “LLC”, “L.L.C.”, “professional limited liability company”, “PLLC”, or “P.L.L.C.”, may not be taken into account.
(6) A person may consent in a record to the use of a name that is not distinguishable on the records of the division from the person’s name except for the addition of a word, phrase, or abbreviation indicating the type of person as provided in Subsection (5). In such a case, the person need not change person’s name pursuant to Subsection (4).
(7) The division may not approve for filing a name that implies that a limited liability partnership is an agency of this state or any of the state’s political subdivisions, if the limited liability partnership is not actually such a legally established agency or subdivision.
(8) The authorization to file a certificate under or to reserve or register a limited liability partnership name as granted by the division does not:
(8)(a) abrogate or limit the law governing unfair competition or unfair trade practices;
(8)(b) derogate 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 protect names and trademarks; or
(8)(c) create an exclusive right in geographic or generic terms contained within a name.
(9) The name of a limited liability partnership or foreign limited liability partnership may not contain:
(9)(a) the words:
(9)(a)(i) “association”;
(9)(a)(ii) “corporation”;
(9)(a)(iii) “incorporated”;
(9)(a)(iv) “limited liability company”;
(9)(a)(v) “limited company”;
(9)(a)(vi) “limited partnership”; or
(9)(a)(vii) “Ltd.”;
(9)(b) any word or abbreviation that is of like import to the words listed in Subsection (9)(a);
(9)(c) without the written consent of the United States Olympic Committee, the words:
(9)(c)(i) “Olympic”;
(9)(c)(ii) “Olympiad”; or
(9)(c)(iii) “Citius Altius Fortius”; or
(9)(d) for a limited liability partnership that changes the limited liability partnership’s name or registers to do business in the state on or after May 4, 2022, the number sequence “911.”