§ 7-1.2-1403 - Corporate name of foreign corporation.
SECTION 7-1.2-1403
§ 7-1.2-1403 Corporate name of foreigncorporation. – The secretary of state shall not issue a certificate of authority or amendedcertificate of authority to a foreign corporation unless the corporate name ofthe corporation:
(a) Contains the word "corporation," "company,""incorporated," or "limited," or contains an abbreviation of one of thesewords, or the corporation, for use in this state, adds at the end of its nameone of the words or an abbreviation of the word.
(b) Does not contain any word or phrase which indicates orimplies that it is organized for any purpose other than one or more of thepurposes contained in its articles or certificate of incorporation or that itis authorized or empowered to conduct the business of any types prohibited by§ 7-1.2-301.
(c) Is distinguishable upon the records of the secretary ofstate from the name of any entity on file with the secretary of state or a namethe exclusive right to which is, at the time, filed, reserved or registered inthe manner provided in this title, subject to the following:
(1) This provision does not apply if the foreign corporationapplying for a certificate of authority files with the secretary of state anyone of the following:
(i) A fictitious business name statement pursuant to §7-1.2-402; or
(ii) A certified copy of a final decree of a court ofcompetent jurisdiction establishing the prior right of the foreign corporationto the use of the name in this state; and
(2) The name may be the same as the name of a corporation orother association, the articles of incorporation or organization of which hasbeen revoked by the secretary of state and the revocation has not beenwithdrawn within one year from the date of the revocation.