1. As used in this section, "fictitious name" means a name assumed to identify a partnership and which does not include in its name: a. The true name of each organizational partner; b. The first name and surname of each partner; or c. The surname of each partner, repeating a surname if more than one partner has the same surname. 2. A partnership transacting business in this state under a fictitious name or under a designation not showing the names of the persons interested as partners must file a fictitious name certificate with the secretary of state, together with a filing fee of twenty-five dollars. When a partnership has more than two members, an additional three dollars must be paid for each additional member not to exceed two hundred fifty dollars. A limited partnership or a foreign limited partnership transacting business under a name filed under chapter 45 -10.2 and as provided in section 45 -11-03 or a partnership transacting business under a name filed under section 45 -13-05 is not required to file a fictitious name certificate under this section. 3. The fictitious name: a. Must be expressed in letters or characters used in the English language as those letters or characters appear in the American standard code for information interchange (ASCII) table. b. May not contain the word "corporation", "company", "incorporated", "limited liability company", or "limited", or an abbreviation of any of those words. This subsection does not preclude the word "limited" from being used in conjunction with the word "partnership". c. Must be distinguishable in the records of the secretary of state from a name reserved or registered with the secretary of state unless there is filed with the fictitious name certificate a written consent from the holder of the indistinguishable name to use the proposed name and filing fee of ten dollars, whether domestic or foreign, including: (1) A corporate name; (2) A limited liability company name; (3) A trade name; (4) Any other fictitious partnership name; (5) A limited partnership name; (6) A limited liability partnership name; (7) A limited liability limited partnership name; or (8) A trademark or service mark. 4. The secretary of state shall determine whether a fictitious partnership name is distinguishable in the secretary of state's records from another name for purposes of this chapter and may adopt rules reasonable or necessary for making these determinations.
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