HB451: relative to terminating rights to business names when transferring ownership of historic buildings.

HB 451 - AS INTRODUCED

2003 SESSION

03-0672

05/10

HOUSE BILL 451

AN ACT relative to terminating rights to business names when transferring ownership of historic buildings.

SPONSORS: Rep. B. Richardson, Ches 26; Rep. Joseph Manning, Ches. 28; Rep. Espiefs, Ches 25; Sen. Eaton, Dist 10; Sen. Peterson, Dist 11

COMMITTEE: Commerce

ANALYSIS

This bill provides that, upon the dissolution of a business that previously owned a historic property, the new owner may immediately assume the trade name associated with the property.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0672

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to terminating rights to business names when transferring ownership of historic buildings.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Hampshire Business Corporation Act; Procedure for and Effect of Administrative Dissolution; Trade Name Associated with Historic Property. Amend RSA 293-A:14.21, (d) to read as follows:

(d) The secretary of state shall not permit any other individual, corporation, or other business entity to assume the same name or a deceptively similar name, of a corporation administratively dissolved under this section, or any trade name registered by such corporation pursuant to RSA 349, for a period of 120 days following the notice of administrative dissolution without the written consent of such corporation; except that an individual, corporation, or other business entity that purchases a historic property may immediately assume the trade name associated with the historic property. For purposes of this section, historic property means property listed in the National Register of Historic Places, property formally determined to be eligible for the National Register of Historic Places, or property listed or formally determined to be eligible for listing in the state register of historic places, in accordance with established procedures of the division of historical resources.

2 Limited Liability Companies; Procedure for and Effect of Administrative Dissolution; Trade Name Associated with Historic Property. Amend RSA 304-C:53, IV to read as follows:

IV. The secretary of state shall not permit any other individual, corporation, limited liability company or other business entity to assume the same name or a deceptively similar name, of a limited liability company administratively dissolved under this section, or any trade name registered by such limited liability company pursuant to RSA 349, for a period of 120 days following the notice of administrative dissolution without the written consent of such limited liability company; except that an individual, corporation, limited liability company, or other business entity that purchases a historic property may immediately assume the trade name associated with the historic property. For purposes of this section, historic property means property listed in the National Register of Historic Places, property formally determined to be eligible for the National Register of Historic Places, or property listed or formally determined to be eligible for listing in the state register of historic places, in accordance with established procedures of the division of historical resources.

3 Effective Date. This act shall take effect January 1, 2004.