§ 7-1.2-401 - Corporate name.

SECTION 7-1.2-401

   § 7-1.2-401  Corporate name. – (a) The corporate name:

   (1) Must contain the word "corporation," "company,""incorporated," or "limited," or an abbreviation of one of these words.

   (2) Shall be distinguishable upon the records of thesecretary of state from the name of any entity on file with the secretary ofstate or a name the exclusive right to which is, at the time filed, reserved orregistered in the manner provided in this chapter, or the name of acorporation, whether business or nonprofit, limited partnership, limitedliability partnership or limited liability company which has in effect aregistration of its name as provided in this title, subject to the following:

   (b) This provision does not apply if the applicant files withthe secretary of state a certified copy of a final decree of a court ofcompetent jurisdiction establishing the prior right of the applicant to the useof the name in this state.

   (c) The name may be the same as the name of a corporation orother association the certificate of incorporation or organization of which hasbeen revoked by the secretary of state as permitted by law and the revocationhas not been withdrawn within one year from the date of the revocation.

   (d) A corporation with which another corporation, domestic orforeign, is merged, or which is formed by the reorganization of one or moredomestic or foreign corporations or upon a sale, lease, or other dispositionto, or exchange with, a domestic corporation of all or substantially all theassets of another corporation, domestic or foreign, including its name, mayhave the same name as that used in this state by any of the corporations if atthe time the other corporation was organized under the laws of, or isauthorized to transact business in, this state.