Corporate Name

Corporate Name. (a) A corporate name: (1) Must contain the word “corporation,” “incorporated,” “company,” or “limited,” or the abbreviation “corp.,” “inc.,” “co.,” or “ltd.,” or words or abbreviations of like import in another language; and (2) May not contain language stating or implying that the corporation is organized for a purpose other than that permitted by 4 CMC § 4311 and its articles of incorporation. (b) Except as authorized by subsections (c) and (d) of this section, a corporate name must be distinguishable upon the records of the Registrar of Corporations from: (1) The corporate name of a corporation incorporated or authorized to transact business in the Commonwealth; (2) A corporate name reserved or registered under 4 CMC §§ 4312 or 4313; (3) The fictitious name adopted by a foreign corporation authorized to transact business in the Commonwealth because its real name is unavailable; and (4) The corporate name of a not-for-profit corporation incorporated or authorized to transact business in the Commonwealth. (c) A corporation may apply to the Registrar of Corporations for authorization to use a name that is not distinguishable upon his records from one more of the names described in subsection (b) of this section. The Registrar of Corporations shall authorize use of the name applied for if: (1) The other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Registrar of Corporations to change its name to a name that is distinguishable upon the records of the Registrar of Corporations from the name of the applying corporation; or (2) The applicant delivers to the Registrar of Corporations a certified copy of the final judgement of a court of competent jurisdiction establishing the applicant’s right to use the name applied for in the Commonwealth. (d) A corporation may use the name (including the fictitious name) of another domestic or foreign corporation in use in the Commonwealth if the other corporation is incorporated or authorized to transact business in the Commonwealth 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. (e) This part does not control the use of fictitious names. Source: PL 10-7, § 1 (Bus. Corp. Reg. § 4.01), modified.