47-1A-401.2. Corporate name--Application to use name not distinguishable from specified names--Authorization.
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/sd/title-47/chapter-47-1/47-1a-401-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A corporation may apply to the Office of the Secretary of State for authorization to use a name that is not distinguishable upon the records of the Office of the Secretary of State from one or more of the names described in § 47-1A-401.1 . The Office of the Secretary of State shall authorize use of the name applied for if:
(1)The other corporation or entity consents to the use in writing and submits an undertaking in form satisfactory to the Office of the Secretary of State to change its name to a name that is distinguishable upon the records of the Office of the Secretary of State from the name of the applying corporation; or
(2)The applicant delivers to the Office of the Secretary of State a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state.