the nonprofit corporation's articles of incorporation; or
(ii)
for a nonprofit corporation that changes the nonprofit corporation's name or is incorporated in or authorized to do business in the state on or after May 4, 2022, the number sequence "911";
(c)
except as authorized by the division under Subsection (2), shall be distinguishable, as defined in Section 16-10a-401, from:
(i)
the name of any domestic corporation incorporated in this state;
(ii)
the name of any foreign corporation authorized to conduct affairs in this state;
(iii)
the name of any domestic nonprofit corporation incorporated in this state;
(iv)
the name of any foreign nonprofit corporation authorized to conduct affairs in this state;
(v)
the name of any domestic limited liability company formed in this state;
(vi)
the name of any foreign limited liability company authorized to conduct affairs in this state;
(vii)
the name of any limited partnership formed or authorized to conduct affairs in this state;
shall be, for purposes of recordation, either translated into English or transliterated into letters of the English alphabet if the nonprofit corporation's name is not in English; and
(e)
without the written consent of the United States Olympic Committee, may not contain the words:
(i)
"Olympic";
(ii)
"Olympiad"; or
(iii)
"Citius Altius Fortius".
(2)
The division may authorize the use of the name applied for if:
(a)
the name is distinguishable from one or more of the names and trademarks described in Subsection (1)(c) that are on the division's records; or
(b)
if the applicant delivers to the division a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state registered or reserved with the division pursuant to the laws of this state.
(3)
A nonprofit corporation may use the name of another domestic or foreign corporation that is used in this state if:
(a)
the other corporation is incorporated or authorized to conduct affairs in this state; and
(b)
the proposed user corporation:
(i)
has merged with the other corporation;
(ii)
has been formed by reorganization of the other corporation; or
(iii)
has acquired all or substantially all of the assets, including the corporate name, of the other corporation.
(4)
(a)
A nonprofit corporation may apply to the division for authorization to file the nonprofit corporation's articles of incorporation under, or to register or reserve, a name that is not distinguishable upon the division's records from one or more of the names described in Subsection (1).
(b)
The division shall approve the application filed under Subsection (4)(a) if:
(i)
the other person whose name is not distinguishable from the name under which the applicant desires to file, or which the applicant desires to register or reserve:
(A)
consents to the filing, registration, or reservation in writing; and
(B)
submits an undertaking in a form satisfactory to the division to change the person's name to a name that is distinguishable from the name of the applicant; or
(ii)
the applicant delivers to the division a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to make the requested filing in this state under the name applied for.
(5)
Only names of corporations may contain the:
(a)
words "corporation," or "incorporated"; or
(b)
abbreviation "corp." or "inc."
(6)
The division may not issue a certificate of incorporation to any association violating the provisions of this section.
Repealed by Chapter 93, 2026 General Session Amended by Chapter 458, 2023 General Session
Section 6a-401 ("Corporate name. (Repealed 10/1/2026)") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 6a-401?
A common citation format is "Utah Code § 6a-401" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 6a-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
