PART IV. 
NAMES



 



§414D-61 
Corporate name.  (a)  A
corporate name shall not contain language stating or implying that the
corporation is organized for a purpose other than that permitted by section
414D-51 and its articles of incorporation.



(b)  Except as authorized by subsections (c)
and (d), a corporate name shall not be the same as or substantially identical
to:



(1)  The name of any entity registered or authorized
to transact business under the laws of this State;



(2)  A corporate name reserved or registered under
section 414D-62 or 414-51, the exclusive right to which is reserved at the time
in this State;



(3)  The fictitious name of a foreign business or
nonprofit corporation authorized to transact business in this State because its
real name is unavailable; or



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



(c)  A corporation may apply to the department
director for authorization to use a name that based upon the department
director's records is substantially identical to one or more of the names
described in subsection (b).  The department director shall authorize the use
of the name applied for if:



(1)  The other entity or holder of a reserved or
registered name consents to the use in writing, and one or more words are added
to make the name distinguishable upon the records of the department director
from the name of the applying corporation; or



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



(d)  A corporation
may use the name (including the fictitious name) of another domestic or foreign
business or nonprofit corporation that is used
in this State if the other corporation is incorporated or authorized to do
business in this State and the proposed user corporation:



(1)  Has merged with
the other corporation;



(2)  Has been formed by reorganization of the other
corporation; or



(3)  Has acquired all or substantially all of the
assets, including the corporate name, of the other corporation.



(e)  This chapter shall not control the use of
fictitious names. [L 2001, c 105, pt of §1; am L 2003, c 124, §26]