for a corporation that changes the 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"; and
(c)
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)
Except as authorized by Subsections (3) and (4), the name of a corporation shall be distinguishable, as defined in Subsection (5), upon the records of the division from:
(a)
the name of any domestic corporation incorporated in or foreign corporation authorized to transact business in this state;
(b)
the name of any domestic or foreign nonprofit corporation incorporated or authorized to transact business in this state;
(c)
the name of any domestic or foreign limited liability company formed or authorized to transact business in this state;
(d)
the name of any limited partnership formed or authorized to transact business in this state;
(e)
any name reserved or registered with the division for a corporation, limited liability company, or general or limited partnership, under the laws of this state; and
(f)
any business name, fictitious name, assumed name, trademark, or service mark registered by the division.
(3)
(a)
A corporation may apply to the division for authorization to file the 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 (2).
(b)
The division shall approve the application filed under Subsection (3)(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.
(4)
A corporation may make a filing under the name, including the fictitious name, of another domestic or foreign corporation that is used or registered in this state if:
(a)
the other corporation is incorporated or authorized to transact business in this state; and
(b)
the filing corporation:
(i)
has merged with the other corporation; or
(ii)
has been formed by reorganization of the other corporation.
(5)
(a)
A name is distinguishable from other names, trademarks, and service marks on the records of the division if the name:
(i)
contains one or more different letters or numerals; or
(ii)
has a different sequence of letters or numerals from the other names on the division's records.
(b)
Differences which are not distinguishing are:
(i)
the words or abbreviations of the words:
(A)
"corporation";
(B)
"company";
(C)
"incorporated";
(D)
"limited partnership";
(E)
"L.P.";
(F)
"limited";
(G)
"limited liability company";
(H)
"limited company";
(I)
"L.C."; or
(J)
"L.L.C.";
(ii)
the presence or absence of the words or symbols of the words "the," "and," or "a";
(iii)
differences in punctuation and special characters;
(iv)
differences in capitalization;
(v)
differences between singular and plural forms of words for a corporation:
(A)
incorporated in or authorized to do business in this state on or after May 4, 1998; or
(B)
that changes the corporation's name on or after May 4, 1998;
(vi)
differences in whether the letters or numbers immediately follow each other or are separated by one or more spaces if:
(A)
the sequence of letters or numbers is identical; and
(B)
the corporation:
(I)
is incorporated in or authorized to do business in this state on or after May 3, 1999; or
(II)
changes the corporation's name on or after May 3, 1999; or
(vii)
differences in abbreviations, for a corporation:
(A)
incorporated in or authorized to do business in this state on or after May 1, 2000; or
(B)
that changes the corporation's name on or after May 1, 2000.
(c)
The director of the division has the power and authority reasonably necessary to interpret and efficiently administer this section and to perform the duties imposed on the division by this section.
(6)
A name that implies that the corporation is an agency of this state or of any of the state's political subdivisions, if the corporation is not actually such a legally established agency or subdivision, may not be approved for filing by the division.
(7)
(a)
The requirements of Subsection (1)(d) do not apply to a corporation incorporated in or authorized to do business in this state on or before May 4, 1998, until December 31, 1998.
(b)
On or after January 1, 1999, any corporation incorporated in or authorized to do business in this state shall comply with the requirements of Subsection (1)(d).
Repealed by Chapter 93, 2026 General Session Amended by Chapter 458, 2023 General Session
Section 10a-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 § 10a-401?
A common citation format is "Utah Code § 10a-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 § 10a-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.
