Sec. 1. (a) Except as otherwise provided in subsection (d), after December 31, 2017, the name under which a domestic filing entity may be formed, the name under which a foreign entity may register to do business in Indiana, a name reserved under section 3 of this chapter, or an assumed name registered under section 4 of this chapter must be distinguishable on the records of the secretary of state from any:
(1) name of an existing domestic filing entity;
(2) name of a domestic filing entity that has not been administratively dissolved for more than one hundred twenty (120) days;
(3) name of a foreign entity registered to do business in this state under IC 23-0.5-5;
(4) name reserved under section 3 of this chapter, IC 23-1-23 (before its repeal), IC 23-16-2-2 (before its repeal), IC 23-17-5 (before its repeal), or IC 23-18-2-9 (before its repeal);
(5) assumed name registered under IC 23-15-1-1(e) (before that chapter's repeal); or
(6) assumed name registered under section 4(e) of this chapter.
(b) If an entity consents in a record to the use of its name in a form satisfactory to the secretary of state, the name of the consenting entity may be used by the entity to which the consent was given. Consent may not be given for the use of a reserved name.
(c) Except as otherwise provided in subsection (d), in determining whether a name is the same as or not distinguishable on the records of the secretary of state from the name of another entity, words, phrases, or abbreviations indicating the type of entity, such as "corporation", "corp.", "incorporated", "Inc.", "company", "co", "professional corporation", "PC", "P.C.", "professional service corporation", "PSC", "P.S.C.", "Limited", "Ltd.", "limited partnership", "LP", "L.P.", "limited liability partnership", "LLP", "L.L.P.", "limited liability company", "LLC", "L.L.C.", "limited liability company-s", "LLC-s", or "L.L.C.-s", may not be taken into account.
(d) Consent is not needed in the following cases in which an entity's name is no longer distinguishable on the records of the secretary of state from an assumed business name of another entity:
(1) In the case of an entity that files an entity filing that changes only the word, phrase, or abbreviation described in subsection (c) that indicates what type of entity the entity is.
(2) In the case of an entity that files its public organic record or certificate of registration using a name the entity has reserved under this title before January 1, 2018.
(3) In the case of an entity that files an application for reinstatement not more than one hundred twenty (120) days after the effective date of a dissolution under IC 23-0.5-6.
(e) The name or assumed name of a domestic filing entity or foreign filing entity shall not contain language that falsely indicates or implies that the domestic filing entity or the foreign filing entity is, or is connected with, a government agency of this state, another state, or the United States.
(f) If the name or assumed name of a domestic filing entity or foreign filing entity on record with the secretary of state violates subsection (e), the secretary of state may remove the name or assumed name from the record.
As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.6; P.L.206-2021, SEC.1.
Structure Indiana Code
Title 23. Business and Other Associations
Article 0.5. Uniform Business Organizations Code
23-0.5-3-1. Permitted Names; Falsely Implying Government Agency Status or Connection
23-0.5-3-2. Required Words or Phrases
23-0.5-3-3. Reservation of Exclusive Use of Name
23-0.5-3-4. Filing of Certificate of Assumed Name; Fees; Notice of Discontinuance of Use; Violation
23-0.5-3-5. Use of "Bank" or Derivative; Review; Violation; Administrative Dissolution; Appeal