Section 302. Corporate name; exceptions  


Latest version.
  • (a) Any reference to a corporation in this section except as otherwise
      provided herein shall include both domestic and foreign corporations.
        (b) The provisions of section 301 (Corporate name; general):
        (1)  Shall  not  require any corporation, existing or authorized under
      any statute on the effective date of this chapter, to add to, modify  or
      otherwise change its corporate name.
        (2)  Shall not prevent a corporation with which another corporation is
      merged, or which is formed by the consolidation of  one  or  more  other
      corporations from having the same name as any of such corporations if at
      the  time  such  other  corporation was authorized or existing under any
      statute of this state.
        (3) Shall not prevent a  foreign  corporation  from  being  authorized
      under  a  name which is similar to the name of a corporation of any type
      or kind existing or authorized under any statute, if the  department  of
      state  finds,  upon proof by affidavit or otherwise as it may determine,
      that  a  difference  between  such  names  exists  in   the   terms   or
      abbreviations  indicating  corporate  character  or  otherwise, that the
      applicant has conducted activities as a corporation under its said  name
      for not less than ten consecutive years immediately prior to the date of
      its  application,  that the activities to be conducted in this state are
      not the same or similar to the business or activities conducted  by  the
      corporation  with  whose name it may conflict and that the public is not
      likely to be confused or deceived, and if the applicant shall  agree  in
      its  application  for  authority to use with its corporate name, in this
      state, to be placed immediately under or following such name, the  words
      "a ..... (name of jurisdiction of incorporation) corporation".