§428-105  Name.  (a)  The name of alimited liability company must contain "limited liability company" orthe abbreviation "L.L.C." or "LLC".  "Limited"may be abbreviated as "Ltd.", and "company" may be abbreviatedas "Co.".  The letters in the name of a limited liability companymust be letters of the English alphabet.

(b)  Except as authorized by subsections (c)and (d), the name of a limited liability company shall not be the same as, orsubstantially identical to:

(1)  The name of any domestic corporation,partnership, limited partnership, limited liability company, or limitedliability partnership existing or registered under the laws of this State;

(2)  The name of any foreign corporation, partnership,limited partnership, limited liability company, or limited liabilitypartnership authorized to transact business in this State;

(3)  A name the exclusive right to which is reservedunder the laws of this State;

(4)  A fictitious name approved under section 428-1005for a foreign limited liability company authorized to transact business in thisState because its real name is unavailable; or

(5)  Any trade name, trademark, or service markregistered in this State.

(c)  A limited liability company may apply tothe director for authorization to use a name that, upon the records of thedepartment, is the same as, or is substantially identical to, one or more ofthe names described in subsection (b).  The director may authorize use of asubstantially identical name applied for if:

(1)  The present user, registrant, or owner of areserved or registered name consents in writing to the use of the name, and oneor more words are added to make the name distinguishable upon the records ofthe director from the name applied for; or

(2)  The applicant delivers to the director acertified copy of the final judgment of a court of competent jurisdictionestablishing the applicant's right to use the name applied for in this State.

(d)  A limited liability company may use thename, including a fictitious name, of another domestic or foreign entity whichis used in this State if the other entity is organized or authorized totransact business in this State and the company proposing to use the name has:

(1)  Merged with the other entity; or

(2)  Been formed by reorganization with the otherentity. [L 1996, c 92, pt of §1; am L 1999, c 249, §31; am L 2000, c 219, §69;am L 2001, c 129, §88]