Title 14, Chapter 3, Section 1506
( 14-3-1506)
(a) If the corporate name of a foreign corporation does not satisfy the requirements of Code Section 14-3-401 the foreign corporation to obtain or maintain a certificate of authority to transact business in this state: (1) May add the word "corporation," "incorporated," "company," or
"limited," or the abbreviation "corp.," "inc.," "co.," or "ltd.,"
or the name of its state of incorporation to its corporate name
for use in this state; or (2) May use a fictitious or trade name to transact business in
this state if its real name is unavailable and it delivers to the
Secretary of State for filing a copy of the resolution of its
board of directors, certified by its secretary, adopting the
fictitious or trade name. (b) Except as authorized by subsections (c) and (d) of this Code
section, a corporate name (including a fictitious name) of a foreign
corporation must be distinguishable upon the records of the
Secretary of State from: (1) The corporate name of a corporation, whether for profit or not
for profit, incorporated or authorized to transact business in
this state; (2) A corporate name reserved or registered under this chapter or
Chapter 2 of this title; (3) The fictitious name adopted by a foreign corporation
authorized to transact business in this state because its real
name is unavailable; and (4) The name of a limited partnership or professional association
reserved or filed with the Secretary of State under this title. (c) 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 files with the Secretary of State articles
of amendment to its articles of incorporation changing its name to a
name that is distinguishable upon the records of the Secretary of
State from the name of the applying corporation. (d) A foreign corporation may use the name (including the fictitious
name) of another domestic or foreign corporation whether for profit
or not for profit that is used in this state if the other
corporation is incorporated or authorized to transact business in
this state and: (1) The foreign corporation has merged with the other corporation; (2) The foreign corporation has been formed by reorganization of
the other corporation; or (3) The other domestic or foreign corporation has taken the steps
required by this chapter to change its name to a name that is
distinguishable upon the records of the Secretary of State from
the name of the foreign corporation applying to use its former
name. (e) If a foreign corporation authorized to transact business in this state changes its corporate name to one that does not satisfy the requirements of Code Section 14-3-401, it may not transact business in this state under the changed name until it adopts a name satisfying the requirements of Code Section 14-3-401 and obtains an amended certificate of authority under Code Section 14-3-1504. |