20 Del. Admin. Code § 102-4.0

Current through Register Vol. 28, No. 4, October 1, 2024

Section 102-4.0 - Standards

4.1 After receipt of a request to reserve a name for a business entity or to accept a filing submitted on behalf of, a business entity, the Division will review the proposed name of the business entity, subject to a right of refusal by the Division, if the proposed name fails to meet the following standards:

4.1.1 Does not contain words that discriminate against, disparage, or denigrate any of the protected classes, as provided under Federal Law (including the U.S. Civil Rights Act of 1964, as amended), to include but not limited to race, color, religion, sex including pregnancy, sexual orientation, national origin, disability, age (40 years or older), marital status or genetic information;

4.1.2 Does not contain words likely to facilitate, incite or foster any criminal act or offense as prohibited under Delaware law, as amended, to include but not be limited to those set forth in Title 11 of the Delaware Code:

4.1.2.1 Acts of terrorism, terroristic threatening or offensive touching (11 Del.C. Ch. 5);

4.1.2.2 Endanger the life or physical safety of an individual or threatening public safety (11 Del.C. Ch. 5);

4.1.2.3 Hate Crimes, Stalking, Cyberstalking, Bullying or Cyberbullying (11 Del.C. Ch. 5);

4.1.2.4 Narcotic drug, opioid or controlled substances (16 Del.C. Ch. 47) (Example: "Opioids-R-Us");

4.1.2.5 Fraud (6 Del.C. Subtitle II, 11 Del.C. Ch. 5);

4.1.2.6 Deadly weapon or dangerous instrument (11 Del.C. Ch. 5); or

4.1.2.7 Obscene or libelous language (11 Del.C. Ch. 5).

4.1.3 Does not contain words likely to cause public deception or confusion or result in difficulty in administration by the Division (Example: five-hundred-letter entity name);

4.1.4 Does not contain words likely to mislead the public about the business purpose of the business entity (8 Del.C. § 102; 6 Del.C. § 18-102); or

4.1.5 Does not contain words likely to lead to a pattern and practice of abuse that would cause harm to the interests of the public or Delaware (8 Del.C. § 102; 6 Del.C. § 18-102).

20 Del. Admin. Code § 102-4.0

23 DE Reg. 323 (10/1/2019) (final)