The corporate name and, if different, the name under which the corporation proposes to transact business in New Mexico shall not:

1. A. contain any word or phrase that indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation; and
2. B. be the same as, or confusingly similar to, the name of any corporation, whether for profit or not for profit, existing under the laws of New Mexico, or any foreign corporation, whether for profit or not for profit, authorized to transact business or conduct affairs in New Mexico, or a corporate name reserved or registered as permitted by the laws of New Mexico.

History: 1953 Comp., § 51-14-49, enacted by Laws 1975, ch. 217, § 7; 2021, ch. 68, § 1.

ANNOTATIONS

The 2021 amendment, effective July 1, 2021, applied the provisions of this section to the name under which a corporation proposes to transact business in New Mexico if it is different than the corporate name; in the introductory paragraph, after "The corporate name", added "and, if different, the name under which the corporation proposes to transact business in New Mexico shall not"; and in Subsections A and B, deleted "shall not".

Similar name. — Fraternal organization was restrained from holding itself out as the Masonic Grand Lodge, Colored for the jurisdiction of New Mexico and use of name "Free and Accepted Masons of New Mexico" and "A. F. and A. M. (Colored)" of New Mexico, which rendered it strikingly similar to other grand lodges, resulting in confusion and tending to deceive the public. Prince Hall Grand Lodge v. Most Worshipful King Solomon Grand Lodge, 1957-NMSC-011, 62 N.M. 255, 308 P.2d 581.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 18A Am. Jur. 2d Corporations §§ 273, 283.

Right of charitable or religious association or corporation to protection against use of same or similar name by another, 37 A.L.R.3d 277.

18 C.J.S. Corporations §§ 98 to 105.