House File 175 - Enrolled

PAG LIN

  1  1                                             HOUSE FILE 175
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE NAMES OF BUSINESS ENTITIES.
  1  5
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7
  1  8    Section 1.  Section 488.108, Code 2005, is amended by
  1  9 adding the following new subsection:
  1 10    NEW SUBSECTION.  7.  This chapter does not control the use
  1 11 of fictitious names.  However, a limited partnership which
  1 12 uses a fictitious name in this state shall deliver to the
  1 13 secretary of state for filing a copy of the resolution of the
  1 14 limited partnership certified by its general partners,
  1 15 adopting the fictitious name.
  1 16    Sec. 2.  Section 547.1, Code 2005, is amended to read as
  1 17 follows:
  1 18    547.1  USE OF TRADE NAME == VERIFIED STATEMENT REQUIRED.
  1 19    A person or copartnership shall not engage in or conduct a
  1 20 business under a trade name, or an assumed name of a character
  1 21 other than the true surname of each person owning or having an
  1 22 interest in the business, unless the person first records with
  1 23 the county recorder of the county in which the business is to
  1 24 be conducted a verified statement showing the name, post
  1 25 office address, and residence address of each person owning or
  1 26 having an interest in the business, and the address where the
  1 27 business is to be conducted.  However, this provision does not
  1 28 apply to any person organized or incorporated in this state as
  1 29 a domestic entity or authorized to do business in this state
  1 30 as a foreign entity, if the person is a limited partnership
  1 31 under chapter 487 or 488, a corporation under or limited
  1 32 liability company incorporated or organized in this state or
  1 33 any foreign corporation or foreign limited liability company
  1 34 authorized to do business in this state or doing business
  1 35 pursuant to an exemption in chapter 490; or a limited
  2  1 liability company under chapter 490A; a professional
  2  2 corporation under chapter 496C; a cooperative or cooperative
  2  3 association under chapter 497, 498, 499, or 501; or a
  2  4 nonprofit corporation under chapter 504 or 504A.
  2  5
  2  6
  2  7                                                             
  2  8                               CHRISTOPHER C. RANTS
  2  9                               Speaker of the House
  2 10
  2 11
  2 12                                                             
  2 13                               JEFFREY M. LAMBERTI
  2 14                               President of the Senate
  2 15
  2 16    I hereby certify that this bill originated in the House and
  2 17 is known as House File 175, Eighty=first General Assembly.
  2 18
  2 19
  2 20                                                             
  2 21                               MARGARET THOMSON
  2 22                               Chief Clerk of the House
  2 23 Approved                , 2005
  2 24
  2 25
  2 26                            
  2 27 THOMAS J. VILSACK
  2 28 Governor