355.776. 1. If the corporate name of a foreign corporationdoes not satisfy the requirements of section 355.146, the foreigncorporation, to obtain or maintain a certificate of authority totransact business in this state, may use a fictitious name totransact business in this state if its real name is unavailableand it delivers to the secretary of state for filing a copy ofthe resolution of its board of directors, certified by itssecretary, adopting the fictitious name.
2. Except as authorized by subsection 3 of this section andsubsection 4 of this section, the corporate name, including afictitious name, of a foreign corporation must be distinguishableupon the records of the secretary of state from any domesticcorporation existing under any law of this state or any foreigncorporation authorized to transact business in this state or itsfictitious name if it is required to have one, or any limitedpartnership existing or transacting business in this state underchapter 359, RSMo, or a name the exclusive right to which is, atthe time, reserved.
3. A foreign corporation may use in this state the name,including the fictitious name, of another domestic or foreignbusiness or nonprofit corporation that is used in this state ifthe other corporation is incorporated or authorized to transactbusiness in this state and the foreign corporation:
(1) Has merged with the other corporation;
(2) Has been formed by reorganization of the othercorporation; or
(3) Has acquired all or substantially all of the assets,including the corporate name, of the other corporation.
4. If a foreign corporation authorized to transact businessin this state changes its corporate name to one that does notsatisfy the requirements of section 355.146, it shall nottransact business in this state under the changed name until itadopts a name satisfying the requirements of section 355.146 andobtains an amended certificate of authority under section355.766.
355.776. 1. If the corporate name of a foreign corporationdoes not satisfy the requirements of section 355.146, the foreigncorporation, to obtain or maintain a certificate of authority totransact business in this state, may use a fictitious name totransact business in this state if its real name is unavailableand it delivers to the secretary of state for filing a copy ofthe resolution of its board of directors, certified by itssecretary, adopting the fictitious name.
2. Except as authorized by subsection 3 of this section andsubsection 4 of this section, the corporate name, including afictitious name, of a foreign corporation must be distinguishableupon the records of the secretary of state from any domesticcorporation existing under any law of this state or any foreigncorporation authorized to transact business in this state or itsfictitious name if it is required to have one, or any limitedpartnership existing or transacting business in this state underchapter 359, RSMo, or a name the exclusive right to which is, atthe time, reserved.
3. A foreign corporation may use in this state the name,including the fictitious name, of another domestic or foreignbusiness or nonprofit corporation that is used in this state ifthe other corporation is incorporated or authorized to transactbusiness in this state and the foreign corporation:
(1) Has merged with the other corporation;
(2) Has been formed by reorganization of the othercorporation; or
(3) Has acquired all or substantially all of the assets,including the corporate name, of the other corporation.
4. If a foreign corporation authorized to transact businessin this state changes its corporate name to one that does notsatisfy the requirements of section 355.146, it shall nottransact business in this state under the changed name until itadopts a name satisfying the requirements of section 355.146 andobtains an amended certificate of authority under section355.766.
355.776. 1. If the corporate name of a foreign corporationdoes not satisfy the requirements of section 355.146, the foreigncorporation, to obtain or maintain a certificate of authority totransact business in this state, may use a fictitious name totransact business in this state if its real name is unavailableand it delivers to the secretary of state for filing a copy ofthe resolution of its board of directors, certified by itssecretary, adopting the fictitious name.
2. Except as authorized by subsection 3 of this section andsubsection 4 of this section, the corporate name, including afictitious name, of a foreign corporation must be distinguishableupon the records of the secretary of state from any domesticcorporation existing under any law of this state or any foreigncorporation authorized to transact business in this state or itsfictitious name if it is required to have one, or any limitedpartnership existing or transacting business in this state underchapter 359, RSMo, or a name the exclusive right to which is, atthe time, reserved.
3. A foreign corporation may use in this state the name,including the fictitious name, of another domestic or foreignbusiness or nonprofit corporation that is used in this state ifthe other corporation is incorporated or authorized to transactbusiness in this state and the foreign corporation:
(1) Has merged with the other corporation;
(2) Has been formed by reorganization of the othercorporation; or
(3) Has acquired all or substantially all of the assets,including the corporate name, of the other corporation.
4. If a foreign corporation authorized to transact businessin this state changes its corporate name to one that does notsatisfy the requirements of section 355.146, it shall nottransact business in this state under the changed name until itadopts a name satisfying the requirements of section 355.146 andobtains an amended certificate of authority under section355.766.
