PART IV. NAMES

 

§414D-61 Corporate name.  (a)  Acorporate name shall not contain language stating or implying that thecorporation is organized for a purpose other than that permitted by section414D-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 identicalto:

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

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

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

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

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

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

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

(d)  A corporationmay use the name (including the fictitious name) of another domestic or foreignbusiness or nonprofit corporation that is usedin this State if the other corporation is incorporated or authorized to dobusiness in this State and the proposed user corporation:

(1)  Has merged withthe other corporation;

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

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

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