2005 Idaho Code - 30-3-121 — CORPORATE NAME OF FOREIGN CORPORATION

                                  TITLE  30
                                 CORPORATIONS
                                  CHAPTER 3
                       IDAHO NONPROFIT CORPORATION ACT
    30-3-121.  CORPORATE NAME OF FOREIGN CORPORATION. (1) If the corporate
name of a foreign corporation does not satisfy the requirements of section
30-3-27, Idaho Code, the foreign corporation, to obtain or maintain a
certificate of authority to transact business in this state, may use a
fictitious name to transact business in this state if its real name is
unavailable and it delivers to the secretary of state for filing a copy of the
resolution of its board of directors, certified by its secretary, adopting the
fictitious name.
    (2)  Except as authorized in subsections (3) and (4) of this section, the
corporate name, including a fictitious name, of a foreign corporation must be
distinguishable upon the records of the secretary of state from:
    (a)  The corporate name of a nonprofit or business corporation
    incorporated or authorized to transact business in this state;
    (b)  A corporate name reserved or registered under section 30-3-28 or
    30-3-29, Idaho Code; and
    (c)  The fictitious name of another foreign business or nonprofit
    corporation authorized to transact business in this state.
    (3)  A foreign corporation may apply to the secretary of state for
authorization to use in this state the name of another corporation,
incorporated or authorized to transact business in this state, that is not
distinguishable upon the records of the secretary of state from the name
applied for.  The secretary of state shall authorize use of the name applied
for if:
    (a)  The other corporation consents to the use in writing and submits an
    undertaking in 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 corporation; or
    (b)  The applicant delivers to the secretary of state a certified copy of
    a final judgment of a court of competent jurisdiction establishing the
    applicant's right to use the name applied for in this state.
    (4)  A foreign corporation may use in this state the name,  including the
fictitious name, of another domestic or foreign business or nonprofit
corporation that is used in this state if the other corporation is
incorporated or authorized to transact business in this state and the foreign
corporation:
    (a)  Has merged with the other corporation;
    (b)  Has been formed by reorganization of the other corporation; or
    (c)  Has acquired all or substantially all of the assets, including the
    corporate name, of the other corporation.
    (5)  If a foreign corporation authorized to transact business in this
state changes its corporate name to one that does not satisfy the requirements
of section 30-3-27, Idaho Code, it shall not transact business in this state
under the changed name until it adopts a name satisfying the requirements of
section 30-3-27, Idaho Code, and obtains an amended certificate of authority
under section 30-3-119, Idaho Code.