2005 Idaho Code - 30-3-27 — CORPORATE NAME

                                  TITLE  30
                                 CORPORATIONS
                                  CHAPTER 3
                       IDAHO NONPROFIT CORPORATION ACT
    30-3-27.  CORPORATE NAME. The corporate name:
    (1)  Shall contain the word "corporation," "company," "incorporated" or
"limited," or shall contain an abbreviation of one (1) of such words; provided
however, that if the word "company" or its abbreviation is used, it shall not
be immediately preceded by the word "and" or by an abbreviation of or symbol
representing the word "and."
    (2)  Shall not contain any word or phrase which falsely indicates or
implies government affiliation or that it is organized for any purpose other
than one (1) or more of the purposes contained in its articles of
incorporation.
    (3)  Shall be distinguishable on the records of the secretary of state
from the name of any domestic corporation existing under the laws of this
state or any foreign corporation authorized to transact business in this
state, or a name the exclusive right to which is, at the time, reserved in the
manner provided in this act, or the name of a corporation which has, in
effect, a registration of its corporate name as provided in this act, except
that this provision shall not apply if the applicant files with the secretary
of state either of the following:
    (a)  The written consent of such other corporation or holder of a reserved
    or registered name to use the name which is not distinguishable on the
    records of the secretary of state, and one (1) or more words are added to
    make such name distinguishable from such other name; or
    (b)  A certified copy of a final decree of a court of competent
    jurisdiction establishing the prior right of the applicant to the use of
    such name in this state.
    (4)  A corporation with which another corporation, domestic or foreign, is
merged, or which is formed by the reorganization or consolidation of one (1)
or more domestic or foreign corporations or upon a sale, lease or other
disposition to or exchange with, a domestic corporation of all or
substantially all the assets of another corporation, domestic or foreign,
including its name, may have the same name as that used in this state by any
of such corporations if such other corporation was organized under the laws
of, or is authorized to transact business in, this state.
    (5)  Nothing in this section shall abrogate or limit the law as to unfair
competition or unfair practice in the use of trade names, nor derogate from
the common law, the principles of equity, or the statutes of this state or of
the United States with respect to the right to acquire and protect trade
names.
    (6)  The assumption of a name in violation of the provisions of this
section shall not affect or vitiate the corporate existence, but the courts of
this state, having equity jurisdiction, may, upon the application of the
state, or of any person, unincorporated association, or corporation interested
or affected, enjoin such corporation in violation from doing business under
any name assumed in violation of the provisions of this section.

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