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This entry was published on 2014-09-22
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SECTION 204
Limited liability company name
Limited Liability Company Law (LLC) CHAPTER 34, ARTICLE 2
§ 204. Limited liability company name. The name of each limited
liability company as set forth in its articles of organization:

(a) shall contain without abbreviation the words "Limited Liability
Company" or the abbreviation "L.L.C." or "LLC";

(b) (1) shall be such as to distinguish it from the name of (i) any
domestic limited liability company, (ii) any authorized foreign limited
liability company or (iii) a fictitious name of an authorized foreign
limited liability company filed pursuant to section eight hundred two of
this chapter, in each case, as such names appear on the index of names
of existing domestic and authorized foreign limited liability companies
of any type or kind, including fictitious names of authorized foreign
limited liability companies filed pursuant to section eight hundred two
of this chapter, in the department of state, or names the right to which
are reserved;

(2) shall be such as to distinguish it from (i) the names of domestic
business corporations, domestic not-for-profit corporations and other
domestic corporations of any type or kind that are formed by a filing in
the department of state, (ii) the names of authorized foreign business
corporations, authorized foreign not-for-profit corporations and other
authorized foreign corporations of any type or kind that are authorized
to do business or conduct activities in this state by reason of a filing
in the department of state, (iii) the fictitious names of authorized
foreign business corporations, authorized foreign not-for-profit
corporations and other authorized foreign corporations of any type or
kind that are authorized to do business or conduct activities in this
state by reason of a filing in the department of state, (iv) the names
of domestic limited partnerships, (v) the names of authorized foreign
limited partnerships, or (vi) the fictitious names of authorized foreign
limited partnerships, in each case, as such names appear on the index of
names of existing domestic and authorized foreign corporations of any
type or kind, including fictitious names of authorized foreign
corporations of any type or kind, in the department of state, or on the
index of names of existing domestic or authorized foreign limited
partnerships, including fictitious names of authorized foreign limited
partnerships, in the department of state, or names the rights to which
are reserved; provided, however, that no limited liability company that
was formed prior to the effective date of this paragraph and no foreign
limited liability company that was qualified to do business in this
state prior to such effective date shall be required to change the name
or fictitious name it had on such effective date solely by reason of
such name or fictitious name being indistinguishable from the name or
fictitious name of any domestic or authorized foreign corporation or
limited partnership or from any name the right to which is reserved by
or on behalf of any domestic or foreign corporation or limited
partnership;

(c) shall, unless the limited liability company or foreign limited
liability company shall have complied with the provisions of section one
hundred thirty of the general business law, be the name used by the
limited liability company in its conduct of business;

(d) shall not contain any word or phrase, or any abbreviation or
derivative thereof, the use of which is prohibited or restricted by any
other statute of this state, unless in the latter case the restrictions
have been complied with;

(e) shall not contain the following phrases or any abbreviation or
derivative thereof:

board of trade state police

chamber of commerce state trooper

community renewal tenant relocation

corporation urban development

incorporated urban relocation

partnership

(f) shall not contain the following words, or any abbreviation or
derivative thereof:

acceptance guaranty

annuity indemnity

assurance insurance

attorney investment

bank lawyer

benefit loan

bond mortgage

casualty savings

doctor surety

endowment title

fidelity trust

finance underwriter
unless the approval of the superintendent of financial services is
attached to the articles of organization or unless the word "doctor" or
"lawyer" or an abbreviation or derivative thereof is used in a context
that clearly denotes a purpose other than the practice of law or
medicine;

(g) shall not, unless the approval of the state department of social
services is attached to the articles of organization or application for
authority, contain the word "blind" or "handicapped." Such approval
shall be granted by the state department of social services if in its
opinion the word "blind" or "handicapped" as used in the limited
liability company's proposed name will not tend to mislead or confuse
the public into believing that the limited liability company is
organized for charitable or nonprofit purposes related to the blind or
the handicapped; and

(h) shall not, unless the approval of the attorney general is attached
to the articles of organization or application for authority, contain
the word "exchange" or any abbreviation or derivative thereof. Such
approval shall not be granted by the attorney general if in his or her
opinion the use of the word "exchange" in the limited liability
company's proposed name would falsely imply that the limited liability
company conducts its business at a place where trade is carried on in
securities or commodities by brokers, dealers or merchants.

(i) shall not contain the following terms: "school," "education,"
"elementary," "secondary," "kindergarten," "prekindergarten,"
"preschool," "nursery school," "museum," "history," "historical,"
"historical society," "arboretum," "library," "college," "university" or
other term restricted by section two hundred twenty-four of the
education law; "conservatory," "academy," or "institute" or any
abbreviation or derivative of such terms, shall have endorsed thereon or
annexed thereto the consent of the commissioner of education.