7-124-101. Corporate name.
(1) A corporate name of a domestic nonprofit corporation:
    (a) May, but need not, contain the word "corporation", "incorporated", "company", or "limited" or an abbreviation of any thereof; and
    (b) Shall not contain language stating or implying that the nonprofit corporation is incorporated for a purpose other than that permitted by section 7-123-101 and its articles of incorporation.

(2) Except as authorized by subsection (3) of this section, a corporate name shall not be the same as or deceptively similar to:
    (a) The corporate name of any domestic corporation or domestic nonprofit corporation;
    (b) The name of any domestic limited partnership, domestic registered limited liability partnership, or domestic limited liability limited partnership as set forth in its certificate of limited partnership or registration statement on file with the secretary of state;
    (c) The name of any domestic limited partnership association as set forth in its articles of association on file with the secretary of state;
    (d) The name of any domestic limited liability company as set forth in its articles of organization on file with the secretary of state;
    (e) The name under which any foreign corporation, foreign nonprofit corporation, foreign limited partnership, foreign limited liability company, foreign limited liability partnership, foreign limited liability limited partnership, or foreign limited partnership association is authorized to conduct affairs or is registered in this state;
    (f) The corporate name of any foreign corporation or foreign nonprofit corporation, the company name of any foreign limited liability company, or the association name of any foreign limited partnership association if such name is registered with the secretary of state, pursuant to the laws of this state;
    (g) A name the exclusive right to which is reserved with the secretary of state under the laws of this state;
    (h) Any trade name or assumed name that is registered with the secretary of state by another person pursuant to section 7-71-101;
    (i) The corporate name, assumed name, or trade name of a dissolved corporation or nonprofit corporation during the one-hundred-twenty-day period following the effective date of such corporation's or nonprofit corporation's dissolution;
    (j) Any trademark registered with the secretary of state by another person pursuant to section 7-70-102.

(3) A nonprofit corporation may apply to the secretary of state for authorization to use a name, or may deliver for filing articles of incorporation that state a corporate name, that is the same as or deceptively similar to a name otherwise not available pursuant to subsection (2) of this section if the nonprofit corporation delivers to the secretary of state for filing either:
    (a) The written consent of the other corporation or holder of the name to use the same or a deceptively similar name if one or more words are added, altered, or deleted to make the name distinguishable on the records of the secretary of state from the other name; or
    (b) A certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the nonprofit corporation to the use of such name in this state.

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7-124-102. Reserved name.
(1) Any person may apply for the reservation of the exclusive use of a corporate name by delivering an application for reservation of name to the secretary of state for filing, setting 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 would be available for use as a corporate name under section 7-124-101, the secretary of state shall reserve the name for the applicant's exclusive use for a one-hundred-twenty-day period, which reservation may be renewed.

(2) The owner of a reserved corporate name may transfer the reservation to any other person by delivery to the secretary of state for filing of a notice of the transfer that has been executed by the owner and states the reserved name, the name of the owner, and the name and address of the transferee.

(3) If articles of incorporation, articles of amendment to articles of incorporation, restated articles of incorporation, or articles of merger specifying a delayed effective date pursuant to section 7-121-204 (2) and setting forth a new corporate name are filed by the secretary of state, such corporate name shall be deemed to be reserved until the document becomes effective pursuant to section 7-121-204 (2) or the document is withdrawn under section 7-121-204 (3).

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