Delaware Consent to Use Name
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How to fill out Consent To Use Name?
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Delaware corporate name The name must be distinguishable from those of other corporations organized, reserved or registered as a foreign corporation under the laws of Delaware. Use of words "Bank," "Banc," "Banque" and "Trust" need approval from the Department of Banking.
Section 108 - Organization meeting of incorporators or directors named in certificate of incorporation (a) After the filing of the certificate of incorporation an organization meeting of the incorporator or incorporators, or of the board of directors if the initial directors were named in the certificate of ...
It's possible for another LLC in a different state to have the same name as yours. In fact, there are many instances where multiple LLCs share the same name but are in different states, and this is totally legal! If you're set on a particular name that's already taken in your state, you may still be able to use it.
Names of Delaware corporations must (1) be available, (2) contain a corporate suffix, (3) not contain restricted words, and (4) not violate other naming rules in Delaware. Picking a name that follows these rules reduces the chance of delay with your incorporation.
Keep in mind there are no stated required officer positions that a Delaware corporation must have, as opposed to other states. One person can comprise an entire Delaware corporation.
If the Business Is in Another State or Industry . . . If you're wondering, ?Can my business name be similar to another?? The answer is, yes. The biggest factor in business naming disputes that are examined in court cases is customer confusion.
§ 158. Stock certificates; uncertificated shares. The shares of a corporation shall be represented by certificates, provided that the board of directors of the corporation may provide by resolution or resolutions that some or all of any or all classes or series of its stock shall be uncertificated shares.
The name you choose cannot be in use by any other business in the state. This is why it's so important to perform a Delaware business name search before you begin your incorporation paperwork. It's not enough for your corporation name to be unique. It also cannot be similar to the name of another business in the state.
