§ 23-0.5-3-1 — Permitted names; falsely implying government agency status or connection

Indiana § 23-0.5-3-1

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 0.5: UNIFORM BUSINESS ORGANIZATIONS CODE
• Ch. 3: Name of Entity

Text

(a) Except as otherwise provided in subsection
(d), after December 31, 2017, the name under which a domestic filing
entity may be formed, the name under which a foreign entity may
register to do business in Indiana, a name reserved under section 3 of
this chapter, or an assumed name registered under section 4 of this
chapter must be distinguishable on the records of the secretary of state
from any:
(1) name of an existing domestic filing entity;
(2) name of a domestic filing entity that has not been
administratively dissolved for more than one hundred twenty
(120) days;
(3) name of a foreign entity registered to do business in this state
under IC 23-0.5-5;
(4) name reserved under section 3 of this chapter, IC 23-1-23
(before its repeal), IC 23-16-2-2 (before its repeal), IC 23-17-5
(before its repeal), or IC 23-18-2-9 (before its repeal);
(5) assumed name registered under IC 23-15-1-1(e) (before that
chapter's repeal); or
(6) assumed name registered under section 4(e) of this chapter.
(b) If an entity consents in a record to the use of its name in a form
satisfactory to the secretary of state, the name of the consenting entity
may be used by the entity to which the consent was given. Consent may
not be given for the use of a reserved name.
(c) Except as otherwise provided in subsection (d), in determining
whether a name is the same as or not distinguishable on the records of
the secretary of state from the name of another entity, words, phrases,
or abbreviations indicating the type of entity, such as "corporation",
"corp.", "incorporated", "Inc.", "company", "co", "professional
corporation", "PC", "P.C.", "professional service corporation", "PSC",
"P.S.C.", "Limited", "Ltd.", "limited partnership", "LP", "L.P.", "limited
liability partnership", "LLP", "L.L.P.", "limited liability company",
"LLC", "L.L.C.", "limited liability company-s", "LLC-s", or "L.L.C.-s",
may not be taken into account.
(d) Consent is not needed in the following cases in which an entity's
name is no longer distinguishable on the records of the secretary of
state from an assumed business name of another entity:
(1) In the case of an entity that files an entity filing that changes
only the word, phrase, or abbreviation described in subsection (c)
that indicates what type of entity the entity is.
(2) In the case of an entity that files its public organic record or
certificate of registration using a name the entity has reserved
under this title before January 1, 2018.
(3) In the case of an entity that files an application for
reinstatement not more than one hundred twenty (120) days after
the effective date of a dissolution under IC 23-0.5-6.
(e) The name or assumed name of a domestic filing entity or foreign
filing entity shall not contain language that falsely indicates or implies
that the domestic filing entity or the foreign filing entity is, or is
connected with, a government agency of this state, another state, or the
United States.
(f) If the name or assumed name of a domestic filing entity or
foreign filing entity on record with the secretary of state violates
subsection (e), the secretary of state may remove the name or assumed
name from the record.

Legislative History

As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.6; P.L.206-2021, SEC.1.