§ 48-2c-1608. Registered name of foreign company.

(1) A foreign company may register its name as provided in this section if the name would be available for use as a name for a domestic company under Section 48-2c-106. If the foreign company's name would not be available for such use, then the foreign company may register its name modified by the addition of any of the following words or abbreviations, if the modified name would be available for use under Section 48-2c-106: "limited liability company", "limited company", "L.L.C.", "L.C.", "LLC", or "LC".

(2) A foreign company registers its name, or its name with any addition permitted by Subsection (1), by delivering to the division for filing an application for registration:

(a) setting forth its name, the name to be registered which must meet the requirements of Section 48-2c-106 that apply to domestic companies, the state or country and date of formation or organization, and a brief description of the nature of the business in which it is engaged; and

(b) accompanied by a certificate of existence, or a document of similar import from the state or country of formation or organization as evidence that the foreign company is in existence or has authority to transact business under the laws of the state or country in which it is formed or organized.

(3) The name is registered for the applicant upon the effective date of the application, and the initial registration is effective until the end of the calendar year in which it became effective.

(4) A foreign company that has in effect a registration of its name as permitted by Subsection (1) may renew the registration for the following year by delivering to the division for filing a renewal application for registration, which complies with the requirements of Subsection (2) between October 1 and December 31 of the preceding year. When filed, the renewal application for registration renews the registration for the following calendar year.

(5) A foreign company that has in effect registration of its name may apply for authority to transact business in this state under the registered name in accordance with the procedure set forth in this part or it may assign the registration to another foreign company by delivering to the division for filing an assignment of the registration that states the registered name, the name of the assigning foreign corporation, and the name of the assignee, concurrently with the delivery to the division for filing of the assignee's application for registration of the name. The assignee's application must meet the requirements of this part.

(6)

(a) A foreign company that has in effect registration of its name may terminate the registration at any time by delivering to the division for filing a statement of termination setting forth the name and stating that the registration is terminated.

(b) A registration of name automatically terminates upon the filing of an application for authority to transact business in this state under the registered name.

(7) The registration of a name under Subsection (1) constitutes authority by the division to file an application meeting the requirements of this part for authority to transact business in this state under the registered name, but the authorization is subject to the limitations applicable to company names as set forth in Section 48-2c-106.

Enacted by Chapter 260, 2001 General Session