Note: This version of section effective until 1-1-2018. See also following repeal of this chapter, effective 1-1-2018.

1. (1) must contain the word "corporation", "incorporated", "company", or "limited", or the abbreviation "corp.", "inc.", "co.", or "ltd.", or words or abbreviations of like import in another language; and
2. (2) except as provided in subsection (e), may not contain language stating or implying that the corporation is organized for a purpose other than that permitted by IC 23-1-22-1 and its articles of incorporation.

3. (b) Except as authorized by subsections (c) and (d), a corporate name must be distinguishable upon the records of the secretary of state from:

   1. (1) the corporate name of a corporation or other business entity incorporated or authorized to transact business in Indiana;
   2. (2) a corporate name reserved under section 2 of this chapter;
   3. (3) a fictitious name adopted by a foreign corporation authorized to transact business in Indiana because the foreign corporation's true name was unavailable; and
   4. (4) the corporate name of a not-for-profit corporation incorporated or authorized to transact business in Indiana.

4. (c) A corporation may apply to the secretary of state for authorization to use a name that is not distinguishable upon the secretary of state's records from one (1) or more of the names described in subsection (b). The secretary of state shall authorize use of the name applied for if:

   1. (1) the other corporation files its written consent to the use, signed by any current officer of the corporation; or
   2. (2) the applicant delivers to the secretary of state 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 Indiana.

5. (d) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation that is used in Indiana if the other corporation is incorporated or authorized to transact business in Indiana and the proposed user corporation:

   1. (1) has merged with the other corporation;
   2. (2) has been formed by reorganization of the other corporation; or
   3. (3) has acquired all or substantially all of the assets, including the corporate name, of the other corporation.
6. (e) A bank holding company (as defined in 12 U.S.C. 1841) may use the word "bank" or "banks" as a part of its name. However, this subsection does not permit a bank holding company to advertise or represent itself to the public as affording the services or performing the duties that a bank or trust company only is entitled to afford and perform.
7. (f) Except as provided in IC 23-1-49-6 , this article does not control the use of fictitious names.

Sec. 1. (a) A corporate name:

As added by P.L.149-1986, SEC.7. Amended by P.L.145-1988, SEC.4; P.L.178-2002, SEC.98; P.L.133-2009, SEC.15; P.L.119-2015, SEC.7.