Section 355.146

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 355

Effective - 28 Aug 2004   

  355.146.  Corporate name requirements. — 1.  A corporate name may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by section 355.126 and its articles of incorporation.

  2.  Except as authorized by subsection 3 of this section, a corporate name must be distinguishable upon the records of the secretary of state from any domestic or foreign corporation, limited partnership, limited liability partnership, limited liability limited partnership, or limited liability company existing under any law of this state or any foreign corporation authorized to transact business in this state, or any business entity organized, reserved, or registered under the laws of this state or a name the exclusive right to which is, at the time, reserved.

  3.  A corporation may use the name, including the fictitious name, of another domestic or foreign business or nonprofit corporation that is used in this state if the other corporation is incorporated or authorized to do business in this state and the proposed user corporation:

  (1)  Has merged with the other corporation;

  (2)  Has been formed by reorganization of the other corporation; or

  (3)  Has acquired all or substantially all of the assets, including the corporate name, of the other corporation.

  4.  This chapter does not control the use of fictitious names.

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(L. 1994 H.B. 1095, A.L. 2004 H.B. 1664)