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

1. (1) may add the words "limited liability company" or the abbreviations "L.L.C." or "LLC" to its name for use in Indiana; or
2. (2) may use a fictitious name to transact business in Indiana if the company's real name is unavailable.

3. (b) Except as authorized by subsections (c) and (d), the limited liability company name, including a fictitious name, of a foreign limited liability company must be distinguishable upon the records of the secretary of state from the following:

   1. (1) The name of a limited liability company organized or authorized to transact business in Indiana.
   2. (2) A name reserved under IC 23-18-2-9 .
   3. (3) The fictitious name of another foreign limited liability company authorized to transact business in Indiana.

4. (c) A foreign limited liability company may apply to the secretary of state for authorization to use in Indiana the name of another limited liability company organized or authorized to transact business in Indiana that is not distinguishable from the name applied for. The secretary of state must authorize use of the name applied for if:

   1. (1) the other limited liability company consents to the use in writing and submits an undertaking in a form satisfactory to the secretary of state to change its name to a name that is distinguishable upon the records of the secretary of state from the name of the applying limited liability company; or
   2. (2) the applicant delivers to the secretary of state a certified copy of a final judgment of a circuit or superior court establishing the applicant's right to use the name applied for in Indiana.

5. (d) A foreign limited liability company may use in Indiana the name, including the fictitious name, of another domestic or foreign limited liability company that is used in Indiana if the other limited liability company is organized or authorized to transact business in Indiana and the foreign limited liability company:

   1. (1) has merged with the other limited liability company;
   2. (2) has been formed by reorganization of the other limited liability company; or
   3. (3) has acquired all or substantially all of the assets, including the name, of the other limited liability company.
6. (e) If a foreign limited liability company authorized to transact business in Indiana changes its name to a name that does not satisfy the requirements under IC 23-18-2-8 , it may not transact business in Indiana under the changed name until it adopts a name satisfying the requirements and obtains an amended certificate of authority under section 5 of this chapter.

Sec. 7. (a) If the name of a foreign limited liability company does not satisfy the requirements under IC 23-18-2-8 , the foreign limited liability company, to obtain or maintain a certificate of authority to transact business in Indiana:

As added by P.L.8-1993, SEC.301.