29-3112. Permitted names

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The name of a limited liability company must contain the phrase "limited liability company" or "limited company" or the abbreviation "L.L.C.", "LLC", "L.C." or "LC" in uppercase or lowercase letters.

B. Except as otherwise provided in subsection D of this section, the name of a limited liability company and the name under which a foreign limited liability company may register to do business in this state must be distinguishable on the records of the commission or the secretary of state from any of the following:

1. The name of an existing person whose formation required the filing of a record by the commission or the secretary of state and that is not at the time administratively dissolved.

2. The name under which a person is registered to do business in this state by the filing of a record by the commission or the secretary of state.

3. The name reserved under section 29-3113 or any other law of this state providing for the reservation of a name by the filing of a record by the commission or the secretary of state.

4. The name registered under section 29-3114 or any other law of this state providing for the registration of a name by the filing of a record by the commission or the secretary of state.

5. The name registered under section 44-1460.

C. If a person consents in a record to the use of the person's name and submits an undertaking in a form satisfactory to the commission to change the person's name to a name that is distinguishable on the records of the commission or the secretary of state from any name in any category of names in subsection B of this section, the name of the consenting person may be used by the person to which the consent was given.

D. Except as otherwise provided in subsection E of this section, in determining whether a name is the same as or not distinguishable on the records of the commission or the secretary of state from the name of another person, words, phrases or abbreviations indicating a type of person, such as "corporation", "corp.", "incorporated", "Inc.", "professional corporation", "P.C.", "PC", "professional association", "P.A.", "PA", "limited", "Ltd.", "limited partnership", "L.P.", "LP", "limited liability partnership", "L.L.P.", "LLP", "registered limited liability partnership", "R.L.L.P.", "RLLP", "limited liability limited partnership", "L.L.L.P.", "LLLP", "registered limited liability limited partnership", "R.L.L.L.P.", "RLLLP", "limited liability company", "L.L.C.", "LLC", "limited cooperative association", "limited cooperative", "L.C.A." or "LCA", may not be taken into account.

E. The name of a limited liability company or foreign limited liability company may not contain the words "association", "corporation" or "incorporated" or an abbreviation of these words. The name of a limited liability company or foreign limited liability company may not contain the words "bank", "deposit", "credit union", "trust" or "trust company" separately or in combination to indicate or convey the idea that the company is engaged in banking, credit union or trust business unless the company is to be and becomes actively and substantially engaged in the banking, credit union or trust business or the company is a holding company holding substantial interest in companies actively and substantially engaged in the banking, credit union or trust business.

F. A limited liability company or foreign limited liability company may use a conflicting name that is not distinguishable from a name described in subsection B of this section if the company delivers to the commission a certified copy of a final judgement of a court of competent jurisdiction establishing the right of the company to use the name in this state.

G. The name of a foreign series registering to do business in this state must include the word "series".