2015 Indiana Code TITLE 23. BUSINESS AND OTHER ASSOCIATIONS ARTICLE 1. INDIANA BUSINESS CORPORATION LAW CHAPTER 23. NAME
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IC 23-1-23
Chapter 23. Name
IC 23-1-23-1
Corporate name
Sec. 1. (a) A corporate name:
(1) must contain the word "corporation", "incorporated",
"company", or "limited", or the abbreviation "corp.", "inc.",
"co.", or "ltd.", or words or abbreviations of like import in
another language; and
(2) except as provided in subsection (e), may not contain
language stating or implying that the corporation is organized
for a purpose other than that permitted by IC 23-1-22-1 and its
articles of incorporation.
(b) Except as authorized by subsections (c) and (d), a corporate
name must be distinguishable upon the records of the secretary of
state from:
(1) the corporate name of a corporation or other business entity
incorporated or authorized to transact business in Indiana;
(2) a corporate name reserved under section 2 of this chapter;
(3) a fictitious name adopted by a foreign corporation
authorized to transact business in Indiana because the foreign
corporation's true name was unavailable; and
(4) the corporate name of a not-for-profit corporation
incorporated or authorized to transact business in Indiana.
(c) 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 of the names
described in subsection (b). The secretary of state shall authorize use
of the name applied for if:
(1) the other corporation files its written consent to the use,
signed by any current officer of the corporation; or
(2) 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 to use the name applied for in
Indiana.
(d) A corporation may use the name, including the fictitious name,
of another domestic or foreign corporation that is used in Indiana if
the other corporation is incorporated or authorized to transact
business in Indiana and the proposed user corporation:
(1) has merged with the other corporation;
(2) has been formed by reorganization of the other corporation;
or
(3) has acquired all or substantially all of the assets, including
the corporate name, of the other corporation.
(e) A bank holding company (as defined in 12 U.S.C. 1841) may
use the word "bank" or "banks" as a part of its name. However, this
subsection does not permit a bank holding company to advertise or
Indiana Code 2015
represent itself to the public as affording the services or performing
the duties that a bank or trust company only is entitled to afford and
perform.
(f) Except as provided in IC 23-1-49-6, this article does not
control the use of fictitious names.
As added by P.L.149-1986, SEC.7. Amended by P.L.145-1988,
SEC.4; P.L.178-2002, SEC.98; P.L.133-2009, SEC.15;
P.L.119-2015, SEC.7.
IC 23-1-23-2
Exclusive use of corporate name
Sec. 2. (a) A person may reserve the exclusive right to the use of
a name by delivering an application to the secretary of state for filing.
The application must set forth the name and address of the applicant
and the name proposed to be reserved. If the secretary of state finds
that the name applied for is available, the secretary of state shall
reserve the name for the applicant's exclusive use for renewable one
hundred twenty (120) day periods.
(b) The owner of a reserved name may transfer the reservation to
another person by delivering to the secretary of state a signed notice
of the transfer that states the name and address of the transferee.
As added by P.L.149-1986, SEC.7. Amended by P.L.277-2001,
SEC.3; P.L.119-2015, SEC.8.
IC 23-1-23-3
Repealed
(As added by P.L.149-1986, SEC.7. Amended by P.L.277-2001,
SEC.4. Repealed by P.L.119-2015, SEC.9.)
Indiana Code 2015
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