2009 Kentucky Revised Statutes
Subtitle 4 Name
271B.4.010 Corporate name. (Effective until January 1, 2011)

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271B.4-010 Corporate name. (Effective until January 1, 2011) (1) A corporate name: (a) Shall contain the word &quot;corporation,&quot; &quot;incorporated,&quot; &quot;company,&quot; or &quot;limited&quot; or the abbreviation &quot;corp.,&quot; &quot;inc.,&quot; &quot;co.,&quot; or &quot;ltd.&quot; or words or abbreviations of <br>like import in another language; and (b) Shall not contain language stating or implying that the corporation is organized for a purpose other than that permitted by KRS 271B.3-010 and its <br>articles of incorporation. (2) Except as authorized by subsections (3) and (4) of this section, a corporate name must be distinguishable from any name of record with the Secretary of <br>State. (3) A corporation may apply to the Secretary of State for authorization to use a name that is not distinguishable upon the Secretary of State's records from one (1) or more <br>of the names described in subsection (2) of this section. The Secretary of State shall <br>authorize use of the name applied for if: <br>(a) The other entity 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 <br>distinguishable upon the records of the Secretary of State from the name of the <br>applying corporation; or (b) The applicant delivers to the Secretary of State a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right <br>to use the name applied for in this state. (4) A corporation may use the name, including the fictitious name, of another entity that is used in this state if the other entity is incorporated or authorized to transact <br>business in this state, and the proposed user corporation: <br>(a) Has merged with the other entity; <br>(b) Has been formed by reorganization of the other entity; or <br>(c) Has acquired all or substantially all of the assets, including the corporate name, of the other entity. (5) This chapter does not control the use of assumed names. <br>(6) The filing of articles of incorporation under the particular corporate name shall not automatically prevent the use of that name or protect that name from use by other <br>persons. Effective: July 15, 2010 <br>History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 57, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 137, sec. 57, effective June 26, 2007. -- Amended <br>2006 Ky. Acts ch. 149, sec. 226, effective July 12, 2006. -- Created 1988 Ky. Acts <br>ch. 23, sec. 26, effective January 1, 1989. Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183, provides, &quot;The specific textual provisions of Sections 1 to 178 of this Act which <br>reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed <br>effective as of June 26, 2007, and those provisions are hereby made expressly retroactive to that date, with the remainder of the text of those sections being <br>unaffected by the provisions of this section.&quot; 271B.4-010 Corporate name. (Effective January 1, 2011) <br>A corporation that changes the mailing address of its principal office shall comply with <br>KRS 14A.3-010. Effective: January 1, 2011 <br>History: Repealed and reenacted 2010 Ky. Acts ch. 51, sec. 57, effective July 15, 2010; and ch. 151, sec. 53, effective January 1, 2011. -- Created 2007 Ky. Acts ch. 137, <br>sec. 1, effective June 26, 2007. Legislative Research Commission Note (1/1/2011). This section was repealed and reenacted without change to the existing language by 2010 Ky. Acts ch. 51, effective <br>7/15/10, and repealed and reenacted with the new language by 2010 Ky. Acts <br>ch. 151, effective 1/1/2011. Pursuant to Section 184 of Acts ch. 51, it was the intent <br>of the General Assembly that the repeal and reenactment by ch. 51 not serve to void <br>amendments made by other bills, and these Acts do not appear to be in conflict, <br>therefore, they have been codified together. Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 51, sec. 183, provides, &quot;The specific textual provisions of Sections 1 to 178 of this Act which <br>reflect amendments made to those sections by 2007 Ky. Acts ch. 137 shall be deemed <br>effective as of June 26, 2007, and those provisions are hereby made expressly <br>retroactive to that date, with the remainder of the text of those sections being <br>unaffected by the provisions of this section.&quot;
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