Wyo. Code R. 002-0024-2
Effective Date: 06/27/2019 to Current
Rule Type: Current Rules & Regulations
Reference Number: 002.0024.2.06272019
(a) A proposed business entity name, whether domestic, foreign or fictitious name, shall not be the same as or deceptively similar to any trade name, trademark or service mark registered in this state and shall be distinguishable upon the records of the secretary of state from other business names as provided in W.S. 17-16-401 and as determined by the secretary of state.
(b) The use of business entity names shall be restricted in the following manner:
(i) No person or entity shall incorporate under a name using any of the terms 'bank,' 'banker,' 'bancorp,' 'bancorporation,' 'banc,' 'banque,' 'banquers,' 'banco,' 'banca,' or similar words, whether in English or a foreign language, until they have fully complied with W.S. 13-1-101 et seq., the banking laws of a United States jurisdiction, the federal Bank Holding Company Act of 1956 (12 U.S.C. § 1841), or the federal Home Owners' Loan Act (12 U.S.C. §§ 1461 et seq.). If good reason is shown for the use of the words 'bancorp' or 'bancorporation,' the secretary of state may, at their discretion allow the use of the word(s), e.g., subsidiaries using parent company's name and parent company is regulated.
(ii) The secretary of state shall not register a business entity name including the term 'trust' until notifying the Department of Audit and receiving written confirmation that the business entity is a financial institution and has complied with Title 13 of the Wyoming Statutes. Any statutory trust name in which the word 'statutory' does not immediately precede the word 'trust' will be rejected by the secretary of state. A statutory trust name need not include the words 'statutory trust.'
(iii) The secretary of state shall not register a business entity name which implies it is a degree granting institution of higher learning until verifying that it is licensed by the Department of Education. If the Department of Education requires licensing and the business entity is not licensed, then the secretary of state shall refuse to file the documents until licensing is completed.
For profit and nonprofit entities only and as per W.S. 17-16-1404, the secretary of state shall file Articles of Revocation of Dissolution unless the corporation's name becomes unavailable during the statutorily allotted time of one hundred-twenty (120) days. Corporations may list an alternative name to use in the event of name unavailability in Articles of Revocation of Dissolution. If the name is unavailable and no alternative name is provided, the Secretary of State shall give written notice to the dissolved corporation of the rejection of the filing.
(a) If a filing officer rejects a proposed business entity name because it is the same as, or deceptively similar to a currently authorized trademark or service mark on file or not distinguishable upon the records of the secretary of state from a trade name on file, the proposed user may show proof that the user is the owner of that trademark, service mark or trade name and that the user proposes to use that mark or that trade name as the name of the business entity.
(b) If a filing officer rejects a proposed business entity name or an application for reservation of a business entity name because it is the same as, or deceptively similar to any trademark or service mark currently authorized or not distinguishable upon the records of the secretary of state from another business entity name currently authorized, the filing officer shall notify the applicant within fifteen (15) days after the filing is delivered, that the filing is rejected with a brief, written explanation of the reason.
(c) Within five (5) days of delivery of notice of rejection, the applicant may appeal the decision to the secretary of state. Such a request must be in writing and should include information as to why the appeal should be granted. Within five (5) days after delivery of the appeal request, the secretary of state shall notify the business entity which holds the currently authorized name that an appeal has been filed. The authorized business entity shall be notified that it may present information as to why the appeal should/should not be granted. If the authorized business entity chooses to provide information, it shall do so within five (5) days of delivery of notice of the appeal request.
(d) Within five (5) days after all information is to be submitted, the secretary of state shall issue a final decision regarding the appeal. All parties shall be notified of the decision by certified letter.
(e) This procedure shall be informal and shall not be a contested case proceeding. Any final decision may be appealed to the appropriate district court pursuant to the Wyoming Administrative Procedure Act. If the procedure in this Section is invoked, the thirty (30) day appeal time provided in Rule 12.04 of the Wyoming Rules of Appellate Procedure and the judicial review addressed in W.S. 16-3-114, does not begin to run until the secretary of state issues a final decision letter as described in paragraph (d) above.