§428-105  Name.  (a)  The name of a
limited liability company must contain "limited liability company" or
the abbreviation "L.L.C." or "LLC".  "Limited"
may be abbreviated as "Ltd.", and "company" may be abbreviated
as "Co.".  The letters in the name of a limited liability company
must 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, or
substantially identical to:



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



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



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



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



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



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



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



(d)  A limited liability company may use the
name, including a fictitious name, of another domestic or foreign entity which
is used in this State if the other entity is organized or authorized to
transact 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 other
entity. [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]