If the corporate name of a foreign corporation does not satisfy the requirements of Section 79-4-4.01, the foreign corporation to obtain or maintain a certificate of authority to transact business in this state:
Except as authorized by subsections (c) and (d), the corporate name (including a fictitious name) of a foreign corporation must be distinguishable upon the records of the Secretary of State from:
The corporate name of a corporation incorporated or authorized to transact business in this state;
The fictitious name of another foreign corporation or foreign limited liability company authorized to transact business in this state;
A foreign corporation may apply to the Secretary of State for authorization to use in this state the name of another corporation (incorporated or authorized to transact business in this state) that is not distinguishable upon his records from the name applied for. The Secretary of State shall authorize use of the name applied for if:
The other corporation consents to the use in writing and submits an undertaking in form satisfactory to the Secretary of State to change its name to a name that is distinguishable upon the records of the Secretary of State from the name of the applying corporation; or
The applicant delivers to the Secretary of State a certified copy of a final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state.
A foreign corporation may use in this state the name (including the fictitious name) of another domestic or foreign corporation that is used in this state if the other corporation is incorporated or authorized to transact business in this state and the foreign corporation:
Has merged with the other corporation;
Has been formed by reorganization of the other corporation; or
Has acquired all or substantially all of the assets, including the corporate name, of the other corporation.
If a foreign corporation authorized to transact business in this state changes its corporate name to one that does not satisfy the requirements of Section 79-4-4.01, it may not transact business in this state under the changed name until it adopts a name satisfying the requirements of Section 79-4-4.01 and obtains an amended certificate of authority under Section 79-4-15.04.
Structure Mississippi Code
Title 79 - Corporations, Associations, and Partnerships
Chapter 4 - Mississippi Business Corporation Act
Article 15 - Foreign Corporations
§ 79-4-15.01. Authority to transact business required
§ 79-4-15.02. Consequences of transacting business without authority
§ 79-4-15.03. Application for certificate of authority
§ 79-4-15.04. Amended certificate of authority
§ 79-4-15.05. Effect of certificate of authority
§ 79-4-15.06. Corporate name of foreign corporation
§ 79-4-15.10. Service of process, demand or notice on foreign corporation