Name

4 CMC § 4806 — under General Provisions.

4 CMC § 4806

TITLE 4: ECONOMIC RESOURCES

DIVISION 4: CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS

§ 4806. Name. (a) The name of a limited liability company must contain “limited liability company” or “limited company” or the abbreviation “L.L.C.”, “LLC”, “L.C.”, or “LC”. “Limited” may be abbreviated as “Ltd.”, and “company” may be abbreviated as “Co.”. (b) Except as authorized by subsections (c) and (d), the name of a limited liability company must be distinguishable upon the records of the Registrar of Corporations from: (1) The name of any corporation, limited partnership, or company incorporated, organized or authorized to transact business, in the Commonwealth; (2) A name reserved or registered under section 4807 or 4808; (3) A fictitious name approved under section 4935 for a foreign company authorized to transact business in the Commonwealth because its real name is unavailable. (c) A limited liability company may apply to the Registrar of Corporations for authorization to use a name that is not distinguishable upon the records of the Registrar of Corporations from one or more of the names described in subsection (b). The Registrar of Corporations shall authorize use of the name applied for if: (1) The present user, registrant, or owner of a reserved name consents to the use in a record and submits an undertaking in form satisfactory to the Registrar of Corporations to change the name to a name that is distinguishable upon the records of the Registrar of Corporations from the name applied for; or (2) The applicant delivers to the Registrar of Corporations 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 the Commonwealth. (d) A limited liability company may use the name, including a fictitious name, of another domestic or foreign company that is used in the Commonwealth if the other company is organized or authorized to transact business in the Commonwealth and the company proposing to use the name has: (1) Merged with the other company; (2) Been formed by reorganization with the other company; or (3) Acquired substantially all of the assets, including the name, of the other company. Source: PL 14-11, § 2 (105), modified. Commission Comment: The Commission made conforming changes to the above subsection pursuant to 1 CMC § 3806. See the comment to 4 CMC § 4801 regarding PL 14-11.