Note: This version of section effective until 1-1-2018. See also following repeal of this chapter, effective 1-1-2018.
- (1) must contain the word "corporation", "incorporated", "company", or "limited" or the abbreviation "corp.", "inc.", "co.", or "ltd.", or similar words or abbreviations in another language; and
- (2) except as provided in subsection (e), may not contain language stating or implying that the corporation is organized for a purpose other than a purpose permitted by this article and the corporation's articles of incorporation.
(b) Except as authorized under subsections (c) and (d), a corporate name must be distinguishable upon the records of the secretary of state from the following:
- (1) The corporate name of a nonprofit or business corporation incorporated or authorized to do business in Indiana.
- (2) A corporate name reserved under section 2 of this chapter.
- (3) The fictitious name of a foreign business or nonprofit corporation authorized to transact business in Indiana because a real name is unavailable.
(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 at least one (1) of the names described in subsection (b). The secretary of state shall authorize use of the name applied for if:
- (1) the other corporation consents to the use in writing; or
- (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.
(d) A corporation may use the name of another domestic or foreign business corporation that is used in Indiana if the other corporation is incorporated or authorized to do business in Indiana and the proposed user corporation:
- (1) has merged with the other corporation;
- (2) has been formed by reorganization of the other corporation; or
- (3) has acquired all or substantially all of the assets, including the corporate name, of the other corporation.
- (e) Except as provided under IC 23-17-26-6 , this article does not control the use of fictitious names.
Sec. 1. (a) A corporate name:
As added by P.L.179-1991, SEC.1. Amended by P.L.119-2015, SEC.50.