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Home > Statutes > Usa Arizona

USA Statutes : arizona
Title : Corporations and Associations
Chapter : NAME-NONPROFIT CORPORATIONS

10-3401 Corporate name
A. A corporate name shall not contain language that states or implies that the
corporation is organized for a purpose other than the purpose permitted by section
10-3301 and in its articles of incorporation.
B. Except as authorized by subsection C of this section, a corporate name must be
distinguishable from all of the following:
1. The corporate name of a corporation incorporated in this state or a foreign
corporation authorized to conduct affairs in this state.
2. A corporate name reserved under section 10-402 or 10-3402 or registered under
section 10-403 or 10-3403.
3. A fictitious name of a foreign corporation under section 10-1506 or 10-11506.
4. The corporate name of a business corporation incorporated under this title or a
foreign business corporation authorized to transact business in this state.
5. The partnership name of a limited partnership organized and registered under the
laws of this state or of a foreign limited partnership authorized to transact business in
this state.
6. The name of a limited liability company organized under title 29, chapter 4 or a
foreign limited liability company authorized to transact business in this state.
7. A trade name registered pursuant to title 44, chapter 10, article 3.1.
8. The name of a registered limited liability partnership registered under title
29, chapter 2, article 7 or a foreign registered limited liability partnership authorized
to transact business in this state.
C. A corporation may apply to the commission for authorization to use a name that
is not distinguishable from one or more of the names described in subsection B of this
section. The commission shall authorize use of the name applied for if either:
1. The other corporation consents to the use in writing and submits an undertaking
in a form satisfactory to the commission to change its name to a name that is
distinguishable from the name of the applying corporation.
2. The applicant delivers to the commission a certified copy of a final judgment of
a court of competent jurisdiction establishing the applicant's right to use the name
applied for in this state.
D. A corporation may use the name, including a 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 transact business or conduct affairs in this
state and the proposed user corporation either has:
1. Merged with the other corporation.
2. Been formed by reorganization of the other corporation.
3. Acquired all or substantially all of the assets, including the corporate name,
of the other corporation.
E. Chapters 24 through 40 of this title do not control the use of fictitious names.

10-3402 Reserved name
A. A person may reserve the exclusive use of a corporate name, including a
fictitious name to be adopted by a foreign corporation under section 10-11506, by
delivering an application to the commission for filing. The application shall set forth
the name and address of the applicant and the name proposed to be reserved. If the
commission finds that the corporate name applied for is available, it shall reserve the
name for the applicant's exclusive use for a nonrenewable one hundred twenty day period.
B. The owner of a reserved corporate name may transfer the reservation to another
person by delivering to the commission a signed notice of the transfer that states the
name and address of the transferee. The transfer shall not extend the period for which
the name is reserved.

10-3403 Registered name
A. A foreign corporation may register its corporate name, or its corporate name
with any change required by section 10-11506, if the name is distinguishable from the
corporate names that are not available under section 10-3401, subsection B.
B. A foreign corporation registers its corporate name or its corporate name with
any change required by section 10-11506, by delivering to the commission an application
both:
1. Setting forth its corporate name or its corporate name with any change required
by section 10-11506, the state or country and date of its incorporation and a brief
description of the nature of the activities in which it is engaged.
2. Accompanied by a certificate of existence or a similar document from the state
or country of incorporation.
C. The name is registered for the applicant's exclusive use on the effective date
of the application.
D. A foreign corporation whose registration is effective may renew it for
successive years by delivering to the commission for filing a renewal application that
complies with the requirements of subsection B of this section between October 1 and
December 31 of the preceding year. The renewal application renews the registration for
the following calendar year.
E. A foreign corporation whose registration is effective may qualify as a foreign
corporation under the registered name or consent in writing to the use of that name by a
corporation thereafter incorporated under chapters 24 through 40 of this title or by
another foreign corporation authorized to conduct affairs in this state. The
registration terminates when the domestic corporation is incorporated or the foreign
corporation qualifies or consents to the qualification of another foreign corporation
under the registered name.

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