Section 10-4-387 Corporate name.

Section 10-4-387

Corporate name.

The name of a domestic professional corporation or of a foreign professional corporation authorized to transact business in Alabama:

(1) Shall contain the words "professional corporation" or the abbreviation "P.C."; provided, however, any such unincorporated professional association in existence on December 31, 1983, may continue to use the name "professional association" or the abbreviation "P.A.";

(2) Shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than the purposes contained in its articles of incorporation;

(3) Shall not be the same as, or deceptively similar to, the name of any domestic corporation or professional association existing under the laws of Alabama or any foreign corporation authorized to transact business in Alabama, or a name the exclusive right to which is, at the time, reserved in the manner provided in the Alabama Business Corporation Act, or the name of a corporation which has in effect a registration of its corporate name as provided in the Alabama Business Corporation Act except that this provision shall not apply if:

a. Such similarity results from the use in the corporate name of the personal names of its shareholders or former shareholders or of individuals who were associated with a predecessor entity or, in the case of a not-for-profit corporation, the use of the names of some or all of its members; or

b. The applicant files with the Secretary of State either of the following:

1. The written consent of such other corporation or holder of a reserved or registered name to use the same or deceptively similar name and one or more words are added to make such name distinguishable from such other name, or

2. A certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of such name in Alabama.

The name of a professional corporation, domestic or foreign, shall not be considered deceptively similar to that of another professional corporation if it is distinguished therefrom by a geographic designation;

(4) Shall otherwise conform to any rule promulgated by a licensing authority having jurisdiction of a professional service described in the articles of incorporation of such corporation.

(Acts 1983, No. 83-514, p. 763, §8; Acts 1988, 1st Ex. Sess., No. 88-905, p. 474, §1.)