Section 4-38-112 - Permitted names(a) The name of a limited liability company must contain the phrase "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 otherwise provided in subsection (e), the name of a limited liability company, and the name under which a foreign limited liability company may register to do business in this state, must be distinguishable on the records of the Secretary of State from any:(1) name of an existing person whose formation required the filing of a record by the Secretary of State and which is not at the time administratively dissolved;(2) name of a limited liability partnership whose statement of qualification is in effect;(3) name under which a person is registered to do business in this state by the filing of a record by the Secretary of State;(4) name reserved under § 4-38-113 or other law of this state providing for the reservation of a name by the filing of a record by the Secretary of State;(5) name registered under § 4-38-114 or other law of this state providing for the registration of a name by the filing of a record by the Secretary of State; and(6) name registered under § 4-26-405, § 4-27-404, § 4-38-122, and § 4-42-707.(c) In determining whether or not a limited liability company name is distinguishable under subsection (b) of this section, a limited liability company name that is different from the name of another entity or filing is distinguishable unless the only difference is one (1) or more of the following:(2) a definite or indefinite article;(3) the word "and" and the symbol "&";(4) the singular, plural, or possessive form of a word; or(5) a punctuation mark or a symbol.(d) If a person consents in a record to the use of its name and submits an undertaking in a form satisfactory to the Secretary of State to change its name to a name that is distinguishable on the records of the Secretary of State from any name in any category of names in subsection (b), the name of the consenting person may be used by the person to which the consent was given.(e) Except as otherwise provided in subsection (f), 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 person, words, phrases, or abbreviations indicating a type of person, such as "corporation", "corp.", "incorporated", "Inc.", "professional corporation", "P.C.", "PC", "professional association", "P.A.", "PA", "Limited", "Ltd.", "limited partnership", "L.P.", "LP", "limited liability partnership", "L.L.P.", "LLP", "registered limited liability partnership", "R.L.L.P.", "RLLP", "limited liability limited partnership", "L.L.L.P.", "LLLP", "registered limited liability limited partnership", "R.L.L.L.P.", "RLLLP", "limited liability company", "L.L.C.", "LLC", "limited cooperative association", "limited cooperative", or "L.C.A.", or "LCA" may not be taken into account.(f) A person may consent in a record that is satisfactory to the Secretary of State to the use of a name that is not distinguishable on the records of the Secretary of State from its name except for the addition of a word, phrase, or abbreviation indicating the type of person as provided in subsection (e). In such a case, the person need not change its name pursuant to subsection (d).(g) The name of a limited liability company or foreign limited liability company may not contain the name of any person who is not a member, except that the name of a former member or member of a predecessor organization may continue to be included in the name.(h) A limited liability company or foreign limited liability company may use a name that is not distinguishable from a name described in subsections (b)(1) through (6) if the company delivers to the Secretary of State a certified copy of a final judgment of a court of competent jurisdiction establishing the right of the company to use the name in this state.Amended by Act 2023, No. 256,§ 8, eff. 8/1/2023.Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.