The name of each limited liability company as set forth in its articles of organization:

1. 1. Shall contain either the words "limited liability company" or "limited company" or the abbreviations "LLC", "LC", "L.L.C.", or "L.C." The word "limited" may be abbreviated as "LTD." and the word "Company" may be abbreviated as "CO."; and

2. 2.

   1. a. May not be the same as or indistinguishable from:

      1. (1) names upon the records in the Office of the Secretary of State of then existing limited liability companies whether organized pursuant to the laws of this state or licensed or registered as foreign limited liability companies, or
      2. (2) names upon the records in the Office of the Secretary of State of corporations organized under the laws of this state or of foreign corporations registered in accordance with the laws of this state then existing or which existed at any time during the preceding three (3) years, or
      3. (3) names upon the records in the Office of the Secretary of State of limited partnerships formed under the laws of this state or of foreign limited partnerships registered in accordance with the laws of this state, or
      4. (4) trade names, fictitious names, or other names reserved with the Secretary of State.

   2. b. The provisions of subparagraph a of this paragraph shall not apply if one of the following is filed with the Secretary of State:

      1. (1) the written consent of the other limited liability company, corporation, limited partnership, or holder of the trade name, fictitious name or other reserved name to use the same or indistinguishable name with the addition of one or more words, numerals, numbers or letters to make that name distinguishable upon the records of the Secretary of State, except that the addition of words, numerals, numbers or letters to make the name distinguishable shall not be required where such written consent states that the consenting entity is about to change its name, cease to do business, withdraw from the state or be wound up, or
      2. (2) a certified copy of a final decree of a court of competent jurisdiction establishing the prior right of such limited liability company or holder of a limited liability company name to the use of such name in this state.

Laws 1992, SB 456, c. 148, § 9, eff. September 1, 1992; Amended by Laws 1993, SB 527, c. 366, § 5, eff. September 1, 1993; Amended by Laws 1999, SB 684, c. 421, § 25, eff. November 1, 1999 (superseded document available).