§415-108 Corporate name of foreign corporation. No certificate of authority shall be issued to a foreign corporation unless its corporate name:
(1) Is not the same as, or substantially identical to, the name of any domestic corporation, domestic partnership, domestic limited liability company, or domestic limited liability partnership existing under the laws of this State or any foreign corporation, foreign partnership, foreign limited liability company, or foreign limited liability partnership authorized to transact business in this State, or any trade name, trademark, or service mark registered in this State, or a name the exclusive right to which is, at the time, reserved in the manner provided in this chapter, except that this provision shall not apply if the foreign corporation applying for a certificate of authority files with the director any one of the following:
(A) The written consent of such other corporation or holder of a reserved or registered name to use the same or substantially identical name and one or more words are added to make the name distinguishable from the other name;
(B) A certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the foreign corporation to the use of the name in this State; or
(C) A copy of a certificate of registration of a trade name by the foreign corporation under which trade name that foreign corporation will transact business in this State; and
(2) Is transliterated into letters of the English alphabet, if the name is not in English. [L 1983, c 167, pt of §1; am L 1985, c 270, §4; am L 1987, c 135, §76; am L 1992, c 6, §2; am L 1996, c 92, §7; am L 1999, c 249, §12]