Section 80. When partnership or business name may be continued  


Latest version.
  • The use of
      a partnership or a business name may  be  continued  in  either  of  the
      following cases:
        1. Where the business of any firm or partnership in this state, having
      business  relations  with  foreign  countries  or  which  has transacted
      business in this state or in any other state or territory of the  United
      States  continues  to be conducted by some or any of the partners, their
      or any of their assignees, appointees or successors in interest.
        2. Where any partnership shall hereafter be formed under the  laws  of
      this  state  it  may  use  the  firm or corporate name of any general or
      limited partnership or of any corporation, domestic  or  foreign,  which
      may  theretofore  have  carried on its business within this state, where
      said general or limited partnership or corporation has  discontinued  or
      shall be about to discontinue its business within the state, and where a
      majority  of  the  partners,  general or special, in either of such last
      mentioned copartnerships or of the survivors thereof shall be members of
      the new copartnership, or where  a  majority  of  the  members  of  such
      copartnership  theretofore existing or of the surviving members thereof,
      or  where  stockholders  holding  a  majority  of  the  stock  of   such
      corporation  shall  consent  in  writing  to  the  use  of  such firm or
      corporate name by such new copartnership; or
        3. Where any resident of this state dies, who at the time of his death
      and for at least five years immediately  prior  thereto,  conducted  and
      carried  on  in his sole name, any business in this state, or who at the
      time of his death, so conducted  and  carried  on  any  business  having
      relation  with  other  states or foreign countries, the right to use the
      name of such person, for the purpose of continuing and carrying on  such
      business, shall survive and pass and be disposed of and accounted for as
      a part of the personal estate of such deceased person, and such business
      may  be continued and carried on under such name by any person who comes
      into the legal possession thereof.