48-2c-1607 - Company name and assumed company name of foreign company. - Utah Statutes

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Statutes > Utah > Title-48 > Chapter-02c > 48-2c-1607

48-2c-1607. Company name and assumed company name of foreign company.
(1) Except as provided in Subsection (2), if the name of a foreign company does notsatisfy the requirements of Section 48-2c-106 which applies to domestic companies, the foreigncompany in order to obtain authority to transact business in this state, must assume for use in thisstate a name that satisfies the requirements of Section 48-2c-106.
(2) A foreign company may obtain authority to transact business in this state with a namethat does not meet the requirements of Subsection (1) because it is not distinguishable as requiredunder Subsection 48-2c-106(2), if the foreign company delivers to the division for filing either:
(a) a written consent to the foreign company'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 company to use the requested name in this state.
(3) A foreign company may use in this state the name, including the assumed name, ofanother domestic or foreign company or other entity that is used or registered in this state if theother company is formed or organized or authorized to transact business in this state and theforeign company:
(a) has merged with the other company; or
(b) has been formed by conversion of the other entity.
(4) If a foreign company authorized to transact business in this state, whether under itsname or an assumed name, changes its name to one that does not satisfy the requirements ofSubsections (1) through (3), or the requirements of Section 48-2c-106, it may not transactbusiness in this state under the changed name but must use an assumed name that does meet therequirements of this section and must deliver to the division for filing an amended application forauthority to transact business pursuant to Section 48-2c-1605.

Enacted by Chapter 260, 2001 General Session

State Codes and Statutes

Statutes > Utah > Title-48 > Chapter-02c > 48-2c-1607

48-2c-1607. Company name and assumed company name of foreign company.
(1) Except as provided in Subsection (2), if the name of a foreign company does notsatisfy the requirements of Section 48-2c-106 which applies to domestic companies, the foreigncompany in order to obtain authority to transact business in this state, must assume for use in thisstate a name that satisfies the requirements of Section 48-2c-106.
(2) A foreign company may obtain authority to transact business in this state with a namethat does not meet the requirements of Subsection (1) because it is not distinguishable as requiredunder Subsection 48-2c-106(2), if the foreign company delivers to the division for filing either:
(a) a written consent to the foreign company'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 company to use the requested name in this state.
(3) A foreign company may use in this state the name, including the assumed name, ofanother domestic or foreign company or other entity that is used or registered in this state if theother company is formed or organized or authorized to transact business in this state and theforeign company:
(a) has merged with the other company; or
(b) has been formed by conversion of the other entity.
(4) If a foreign company authorized to transact business in this state, whether under itsname or an assumed name, changes its name to one that does not satisfy the requirements ofSubsections (1) through (3), or the requirements of Section 48-2c-106, it may not transactbusiness in this state under the changed name but must use an assumed name that does meet therequirements of this section and must deliver to the division for filing an amended application forauthority to transact business pursuant to Section 48-2c-1605.

Enacted by Chapter 260, 2001 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-48 > Chapter-02c > 48-2c-1607

48-2c-1607. Company name and assumed company name of foreign company.
(1) Except as provided in Subsection (2), if the name of a foreign company does notsatisfy the requirements of Section 48-2c-106 which applies to domestic companies, the foreigncompany in order to obtain authority to transact business in this state, must assume for use in thisstate a name that satisfies the requirements of Section 48-2c-106.
(2) A foreign company may obtain authority to transact business in this state with a namethat does not meet the requirements of Subsection (1) because it is not distinguishable as requiredunder Subsection 48-2c-106(2), if the foreign company delivers to the division for filing either:
(a) a written consent to the foreign company'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 company to use the requested name in this state.
(3) A foreign company may use in this state the name, including the assumed name, ofanother domestic or foreign company or other entity that is used or registered in this state if theother company is formed or organized or authorized to transact business in this state and theforeign company:
(a) has merged with the other company; or
(b) has been formed by conversion of the other entity.
(4) If a foreign company authorized to transact business in this state, whether under itsname or an assumed name, changes its name to one that does not satisfy the requirements ofSubsections (1) through (3), or the requirements of Section 48-2c-106, it may not transactbusiness in this state under the changed name but must use an assumed name that does meet therequirements of this section and must deliver to the division for filing an amended application forauthority to transact business pursuant to Section 48-2c-1605.

Enacted by Chapter 260, 2001 General Session