Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 302
Corporate name; exceptions
Not-for-Profit Corporation (NPC) CHAPTER 35, ARTICLE 3
§ 302. Corporate name; exceptions.

(a) Any reference to a corporation in this section except as otherwise
provided herein shall include both domestic and foreign corporations.

(b) The provisions of section 301 (Corporate name; general):

(1) Shall not require any corporation, existing or authorized under
any statute on the effective date of this chapter, to add to, modify or
otherwise change its corporate name.

(2) Shall not prevent a corporation with which another corporation is
merged, or which is formed by the consolidation of one or more other
corporations from having the same name as any of such corporations if at
the time such other corporation was authorized or existing under any
statute of this state.

(3) Shall not prevent a foreign corporation from being authorized
under a name which is similar to the name of a corporation of any kind
existing or authorized under any statute, if the department of state
finds, upon proof by affidavit or otherwise as it may determine, that a
difference between such names exists in the terms or abbreviations
indicating corporate character or otherwise, that the applicant has
conducted activities as a corporation under its said name for not less
than ten consecutive years immediately prior to the date of its
application, that the activities to be conducted in this state are not
the same or similar to the business or activities conducted by the
corporation with whose name it may conflict and that the public is not
likely to be confused or deceived, and if the applicant shall agree in
its application for authority to use with its corporate name, in this
state, to be placed immediately under or following such name, the words
"a ..... (name of jurisdiction of incorporation) corporation".