35-8-104. Reservation of name. (1) The exclusive right to use a name may be reserved by:
(a) a person intending to organize a limited liability company and to adopt that name;
(b) a limited liability company or foreign limited liability company registered in this state that intends to adopt that name;
(c) a foreign limited liability company intending to register in this state and to adopt that name; or
(d) a person intending to organize a foreign limited liability company and to have it registered in this state and to adopt that name.
(2) The reservation must be made by filing with the secretary of state an application, executed by the applicant, to reserve a specified name. If the secretary of state finds that the name is available for use by a domestic or foreign limited liability company, the secretary of state shall reserve the name for the exclusive use of the applicant for a nonrenewable period of 120 days from the date the application is filed.
(3) The right to the exclusive use of a reserved name may be transferred to another person by filing with the secretary of state a notice of the transfer, executed by the applicant for whom the name was reserved, and by specifying the name to be transferred and the name and address of the transferee. The transfer may not extend the term during which the name is reserved.
History: En. Sec. 4, Ch. 120, L. 1993; amd. Sec. 18, Ch. 229, L. 1999.