(1) A person may deliver to the secretary of state, for filing pursuant to part 3 of article 90 of this title, a statement of trade name for any name other than the true name of the person or, in the case of a general partnership that is not a limited liability partnership, other than the true name of each general partner of the general partnership, under which the person transacts business, or contemplates transacting business, in this state. A statement of trade name shall state:
The true name of the person or, in the case of a general partnership that is not alimited liability partnership, the true name of at least one general partner of the general partnership;
If the person is an entity, the form of entity and the jurisdiction under the law ofwhich it is formed;
If the person is not a reporting entity, the person's principal address;
The name, other than the true name of the person, or, in the case of a general partnership that is not a limited liability partnership, other than the true name of each general partner of the general partnership, under which the person transacts business, or contemplates transacting business, in this state;
A brief description of the kind of business transacted, or contemplated to be transacted, in this state under the name; and
Such other information as the secretary of state may require.
Source: L. 2004: Entire article R&RE, p. 1539, § 1, effective May 30, 2006. L. 2007:
(1)(c) amended, p. 226, § 15, effective May 29.
Editor's note: This section is similar to former § 7-71-101 (2) as it existed prior to 2006. 7-71-104. Effect of filing a statement of trade name. (1) (a) A filed statement of trade name shall become effective as provided in section 7-90-304, and, unless the statement of trade name is withdrawn in accordance with section 7-71-106, for reporting entities shall remain effective in perpetuity, subject to the provisions of paragraphs (b) and (c) of this subsection (1), and for persons other than reporting entities shall remain effective only through the last day of the twelfth calendar month following the calendar month in which the statement of trade name becomes effective, unless it is renewed in accordance with section 7-71-105.
A filed statement of trade name of a delinquent entity shall remain effective onlythrough the last day of the twelfth calendar month following the calendar month of the effective date of delinquency under section 7-90-902 (1), unless it is renewed in accordance with section 7-71-105; except that this paragraph (b) shall not apply to a filed statement of trade name of a delinquent entity that cures its delinquency pursuant to section 7-90-904 (1) while such filed statement of trade name is effective.
A filed statement of trade name of a dissolved reporting entity shall remain effectiveonly through the last day of the twelfth calendar month following the calendar month of the effective date of dissolution of the entity, unless it is renewed in accordance with section 7-71105; except that this paragraph (c) shall not apply to a filed statement of trade name of a dissolved entity that is reinstated while such filed statement of trade name is effective.
A person having an effective statement of trade name on file in the records of thesecretary of state shall be liable in connection with the business transacted in this state by the person under the trade name stated in the statement of trade name to the same extent and in the same manner as if the business were transacted under its true name.
A person having an effective statement of trade name on file in the records of thesecretary of state at the time an action is brought by another person may be sued under the trade name stated in the statement of trade name in connection with any business transacted by the person in this state under the trade name with the person bringing the action.
Source: L. 2004: Entire article R&RE, p. 1540, § 1, effective May 30, 2006. L. 2006: (1) amended, p. 852, § 14, effective May 30. L. 2010: (1)(b) amended, (HB 10-1403), ch. 404, p. 1994, § 8, effective August 11.
Editor's note: This section is similar to former § 7-71-101 (4) as it existed prior to 2006.