21-108. Name.

280 words·~1 min read·/ne/chapter-21/21-108

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

(RULLCA 108)

(a)The name of a limited liability company must contain the words limited liability company or limited company or the abbreviation L.L.C., LLC, L.C., or LC. Limited may be abbreviated as Ltd., and company may be abbreviated as Co.

(b)Unless authorized by subsection

(c)of this section, the name of a limited liability company must not be the same as or deceptively similar to, in the records of the Secretary of State:

(1)the name of each person that is not an individual and that is incorporated, organized, or authorized to transact business in this state; and

(2)each name reserved under section 21-109 or other state laws allowing the reservation or registration of business names, including fictitious or assumed name statutes.

(c)A limited liability company may apply to the Secretary of State for authorization to use a name that is deceptively similar to, upon the records of the Secretary of State, one or more of the names described in subsection

(b)of this section. The Secretary of State shall authorize use of the name applied for if, as to each noncomplying name:

(1)the present user, registrant, or owner of the noncomplying name consents in a signed record to the use; or

(2)the applicant delivers to the Secretary of State a certified copy of the final judgment of a court establishing the applicant's right to use in this state the name applied for.

(d)Subject to section 21-159 , this section applies to a foreign limited liability company transacting business in this state which has a certificate of authority to transact business in this state or which has applied for a certificate of authority.