§428-105.5  Administrative order of
abatement for infringement of limited liability company name.  (a)  Any
domestic limited liability company in good standing or foreign limited
liability company authorized to do business in this State claiming that the name
of another domestic corporation, partnership, limited partnership, limited
liability partnership, or limited liability company existing under the laws of
this State, or any foreign corporation, partnership, limited partnership,
limited liability partnership, or foreign limited liability company authorized
to transact business in the State is substantially identical to, or confusingly
similar with, its name may file a petition with the director for an
administrative order of abatement to address the infringement of its name.  The
petition shall set forth the facts and authority that support the petitioner's
claim that further use of the name should be abated.  The petitioner, at the
petitioner's expense, shall notify the registrant of the hearing and the
registrant shall be given an opportunity to address the petition at a full
hearing.  The notice shall be made and the hearing held in accordance with the
contested case provisions of chapter 91.



(b)  In addition to any other remedy or
sanction allowed by law, the order of abatement may:



(1)  Allow the entity to retain its registered name,
but:



(A)  Require the entity to register a new trade
name with the director; and



(B)  Require the entity to conduct business in
this State under this new trade name; or



(2)  (A)  Require the entity to change its
registered name;



(B)  Require the entity to register the new
name with the director; and



(C)  Require the entity to conduct business in
this State under its new name.



If an entity fails to comply with the order of abatement within
sixty days, the director may involuntarily dissolve or terminate the entity, or
cancel or revoke the entity's registration or certificate of authority, after
the time to appeal has lapsed and no appeal has been timely filed.  The director
shall mail notice of the dissolution, termination, or cancellation to the
entity at its last known mailing address.  The entity shall wind up its affairs
in accordance with chapter 414, 414D, 415A, 425, 425E, or 428, as applicable.



(c)  Any person aggrieved by the director's
order under this section may obtain judicial review in accordance with chapter
91 by filing a notice of appeal within thirty days after the issuance of the
director's order.  The trial by the circuit court of any such proceeding shall
be de novo.  Review of any final judgment of the circuit court under this
section shall be governed by chapter 602. [L 1999, c 250, §6; am L 2002, c 40,
§65; am L 2003, c 210, §9]