Sec. 21004 - Distinguishable in the Records of the Secretary of State

ยง 21004. Distinguishable in the Records of the Secretary of State

(a) A proposed name is distinguishable in the records of the Secretary of State from an existing name when it is not the same as an existing name and, except as provided in subsection (b), contains one or more different letters or numerals or has a different sequence of the same letters or numerals that is plainly recognizable by means of sight by the Secretary of State or a designee of the Secretary of State.

(b) A proposed name is not distinguishable in the records of the Secretary of State from an existing name if the names are the same or differ only in one or more of the following ways:

(1) If the difference between the proposed name and existing name is the existence or absence of business entity identifiers.

(2) If the difference between the proposed name and existing name is the use of upper case letters or lower case letters or the use of superscript or subscript letters or numerals.

(3) If the difference between the proposed name and existing name is the addition or omission of distinctive lettering or typeface, punctuation as defined in Section 21001(f), symbols as defined in Section 21001(g), or spaces.

Examples:

A B C Corp., AB C Corp., A.B.C. Corp. and A-B-C Corp. would not be distinguishable.

Good Time Rest Home, LLC and Goodtime Rest Home LLC would not be distinguishable.

D.R.E.A.M. Incorporated and Dream Corporation would not be distinguishable.

(4) If the difference between the proposed name and existing name is the use of an ampersand (&) in place of the word "and" or vice versa.

Example: A & B Corporation and A and B Corporation would not be distinguishable.

(5) Notwithstanding Subsection (b)(3), a proposed name might be distinguishable from an existing name when the difference between the proposed name and existing name is the addition or omission of a space or spaces so that the proposed name creates a new word or words that have different meanings.

Example: Got Ham LP is acceptable against Gotham, LP.

(1. Renumbering of former section 21009 to new section 21005.5, including amendment of section heading, section and Note, filed 11-19-2013; operative 1-1-2014 (Register 2013, No. 47). 2. Repealer of former section 21004 and renumbering and amendment of former section 21005.5 to section 21004 filed 1-21-2021; operative 1-21-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4).)

Note: Authority cited: Sections 8, 15901.08, 15909.05, 17701.08 and 17708.02, Corporations Code. Reference: Sections 8, 15901.08, 15901.09, 15909.05, 17701.08, 17701.09 and 17708.02, Corporations Code.

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