§ 16-16-111. Name.

(1) Use of the term "cooperative" or its abbreviation under this chapter is not a violation of the provisions restricting the use of the term under any other law of this state.

(2)

(a) Notwithstanding Section 48-2a-102 or 48-2e-108, as appropriate pursuant to Section 48-2e-1205, the name of a limited cooperative association shall contain:

(i) the words "limited cooperative association" or "limited cooperative"; or

(ii) the abbreviation "L.C.A." or "LCA".

(b) "Cooperative" may be abbreviated as "Co-op" or "Coop".

(c) "Association" may be abbreviated as "Assoc." or "Assn."

(d) "Limited" may be abbreviated as "Ltd."

(e)

(i) Use of the term "cooperative" or its abbreviation as permitted by this chapter is not a violation of the provisions restricting the use of the term under any other law of this state.

(ii) A limited cooperative association or a member may enforce the restrictions on the use of the term "cooperative" under this chapter and any other law of this state.

(iii) A limited cooperative association or a member may enforce the restrictions on the use of the term "cooperative" under any other law of this state.

(3) Except as otherwise provided in Subsection (4), a limited cooperative association may use only a name that is available. A name is available if it is distinguishable in the records of the division from:

(a) the name of any entity organized or authorized to transact business in this state;

(b) a name reserved under Section 16-16-112; and

(c) an alternative name approved for a foreign cooperative authorized to transact business in this state.

(4) A limited cooperative association may apply to the division for authorization to use a name that is not available. The division shall authorize use of the name if:

(a) the person with ownership rights to use the name consents in a record to the use and applies in a form satisfactory to the division to change the name used or reserved to a name that is distinguishable upon the records of the division from the name applied for; or

(b) the applicant delivers to the division a certified copy of the final judgment of a court establishing the applicant's right to use the name in this state.

Amended by Chapter 412, 2013 General Session