Title 14, Chapter 11, Section 705
( 14-11-705)
(a) A foreign limited liability company may apply for a certificate
of authority with the Secretary of State under any name, whether or
not it is the name under which it is registered in its jurisdiction
of organization; provided, however, that such name: (1) Must contain the words "limited liability company" or "limited
company" (it being permitted to abbreviate the word "limited" as
"ltd." and the word "company" as "co.") or the abbreviations
"L.L.C.", "LLC", "L.C." or "LC"; and (2) Must be distinguishable on the records of the Secretary of
State from the name of any corporation, limited liability company,
or limited partnership; any foreign corporation, foreign limited
liability company, or foreign limited partnership having a
certificate of authority to transact business in this state; any
nonprofit corporation, professional corporation, or professional
association, domestic or foreign, on file with the Secretary of
State pursuant to this title; or any name reserved or registered
under this title. (b) Whenever a foreign limited liability company is unable to
procure a certificate of authority to transact business in this
state because its name does not comply with paragraph (2) of
subsection (a) of this Code section, it may nonetheless apply for
authority to transact business in this state by adding in
parentheses to its name in such application a word, abbreviation, or
other distinctive and distinguishing element such as the name of the
jurisdiction where it is organized. If in the judgment of the
Secretary of State the name of the foreign limited liability company
with such addition would comply with subsection (a) of this Code
section, subsection (a) of this Code section shall not be a bar to
the issuance to such foreign limited liability company of a
certificate of authority to transact business in this state. In
such case, any such certificate issued to such foreign limited
liability company shall be issued in its name with such additions,
and the foreign limited liability company shall use such name with
such additions in all its dealings with the Secretary of State. |