16-10a-1506 - Corporate name and assumed corporate name of foreign corporation. - Utah Statutes

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16-10a-1506. Corporate name and assumed corporate name of foreign corporation.
(1) Except as provided in Subsection (2), if the corporate name of a foreign corporationdoes not satisfy the requirements of Section 16-10a-401, which applies to domestic corporations,the foreign corporation, in order to obtain authority to transact business in this state, shall assumefor use in this state a name that satisfies the requirements of Section 16-10a-401.
(2) A foreign corporation may obtain authority to transact business in this state with aname that does not meet the requirements of Subsection (1) because it is not distinguishable asrequired under Subsection 16-10a-401(2), if the foreign corporation delivers to the division forfiling either:
(a) a written consent to the foreign corporation's use of the name, given and signed by theother person entitled to the use of the name together with a written undertaking by the otherperson, in a form satisfactory to the division, to change its name to a name that is distinguishablefrom the name of the applicant; or
(b) a certified copy of a final judgment of a court of competent jurisdiction establishingthe prior right of the foreign corporation to use the requested name in this state.
(3) A foreign corporation may use in this state the name, including the fictitious name, ofanother domestic or foreign corporation that is used or registered in this state if the othercorporation is incorporated or authorized to transact business in this state and the foreigncorporation:
(a) has merged with the other corporation; or
(b) has been formed by reorganization of the other corporation.
(4) If a foreign corporation authorized to transact business in this state, whether under itscorporate name or an assumed corporate name, changes its corporate name to one that does notsatisfy the requirements of Subsections (1) through (3), or the requirements of Section16-10a-401, it may not transact business in this state under the changed name but shall use anassumed corporate name that does meet the requirements of this section and shall deliver to thedivision for filing an amended application for authority to transact business pursuant to Section16-10a-1504.

Amended by Chapter 378, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-16 > Chapter-10a > 16-10a-1506

16-10a-1506. Corporate name and assumed corporate name of foreign corporation.
(1) Except as provided in Subsection (2), if the corporate name of a foreign corporationdoes not satisfy the requirements of Section 16-10a-401, which applies to domestic corporations,the foreign corporation, in order to obtain authority to transact business in this state, shall assumefor use in this state a name that satisfies the requirements of Section 16-10a-401.
(2) A foreign corporation may obtain authority to transact business in this state with aname that does not meet the requirements of Subsection (1) because it is not distinguishable asrequired under Subsection 16-10a-401(2), if the foreign corporation delivers to the division forfiling either:
(a) a written consent to the foreign corporation's use of the name, given and signed by theother person entitled to the use of the name together with a written undertaking by the otherperson, in a form satisfactory to the division, to change its name to a name that is distinguishablefrom the name of the applicant; or
(b) a certified copy of a final judgment of a court of competent jurisdiction establishingthe prior right of the foreign corporation to use the requested name in this state.
(3) A foreign corporation may use in this state the name, including the fictitious name, ofanother domestic or foreign corporation that is used or registered in this state if the othercorporation is incorporated or authorized to transact business in this state and the foreigncorporation:
(a) has merged with the other corporation; or
(b) has been formed by reorganization of the other corporation.
(4) If a foreign corporation authorized to transact business in this state, whether under itscorporate name or an assumed corporate name, changes its corporate name to one that does notsatisfy the requirements of Subsections (1) through (3), or the requirements of Section16-10a-401, it may not transact business in this state under the changed name but shall use anassumed corporate name that does meet the requirements of this section and shall deliver to thedivision for filing an amended application for authority to transact business pursuant to Section16-10a-1504.

Amended by Chapter 378, 2010 General Session

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State Codes and Statutes

Statutes > Utah > Title-16 > Chapter-10a > 16-10a-1506

16-10a-1506. Corporate name and assumed corporate name of foreign corporation.
(1) Except as provided in Subsection (2), if the corporate name of a foreign corporationdoes not satisfy the requirements of Section 16-10a-401, which applies to domestic corporations,the foreign corporation, in order to obtain authority to transact business in this state, shall assumefor use in this state a name that satisfies the requirements of Section 16-10a-401.
(2) A foreign corporation may obtain authority to transact business in this state with aname that does not meet the requirements of Subsection (1) because it is not distinguishable asrequired under Subsection 16-10a-401(2), if the foreign corporation delivers to the division forfiling either:
(a) a written consent to the foreign corporation's use of the name, given and signed by theother person entitled to the use of the name together with a written undertaking by the otherperson, in a form satisfactory to the division, to change its name to a name that is distinguishablefrom the name of the applicant; or
(b) a certified copy of a final judgment of a court of competent jurisdiction establishingthe prior right of the foreign corporation to use the requested name in this state.
(3) A foreign corporation may use in this state the name, including the fictitious name, ofanother domestic or foreign corporation that is used or registered in this state if the othercorporation is incorporated or authorized to transact business in this state and the foreigncorporation:
(a) has merged with the other corporation; or
(b) has been formed by reorganization of the other corporation.
(4) If a foreign corporation authorized to transact business in this state, whether under itscorporate name or an assumed corporate name, changes its corporate name to one that does notsatisfy the requirements of Subsections (1) through (3), or the requirements of Section16-10a-401, it may not transact business in this state under the changed name but shall use anassumed corporate name that does meet the requirements of this section and shall deliver to thedivision for filing an amended application for authority to transact business pursuant to Section16-10a-1504.

Amended by Chapter 378, 2010 General Session