18 NCAC 04 .0501             GENERAL

(a)  The Secretary of State expressly reserves the right pursuant to G.S. 55-4-01, G.S. 55A-4-01, G.S. 55-15-06, G.S. 55A-15-06, G.S. 57C-2-30, G.S. 57C-7-06, G.S. 59-103, or any other applicable statute, to reject filing of any document conferring a corporate, limited liability company, or limited partnership name, if he determines that such name is contrary to law.

(b)  When a corporation applies to the Secretary of State for authorization to use a name which is not distinguishable upon his records from a name used, reserved, or registered by another entity, and provides the consent of the other entity to such use, the undertaking required of the consenting entity shall consist of the consenting entity's amendment to the appropriate document filed with the division effecting a change of that entity's name to a name distinguishable on the records of the Secretary of State from the name sought to be used by the applying entity.


History Note:        Authority G.S. 55D-5; 55D-20; 55D-21; 57D-2-21(a)(2); 57D-7-03(a)(1); 59-103;

Eff. February 1, 1976;

ARRC Objection Lodged June 21, 1990;

Temporary Amendment Eff. July 1, 1990 For a Period of 180 Days to Expire on December 27, 1990;

ARRC Objection Removed August 20, 1990;

Amended Eff. March 1, 1996; February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015.