Bill Text: NH SB413 | 2018 | Regular Session | Introduced
Bill Title: Relative to name availability for business organizations and relative to reinstatement of a limited liability company.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2018-06-14 - II. Remainder shall take effect 01/01/2019 [SB413 Detail]
Download: New_Hampshire-2018-SB413-Introduced.html
SB 413 - AS INTRODUCED
2018 SESSION
18-2711
05/03
SENATE BILL 413
AN ACT relative to name availability for business organizations.
SPONSORS: Sen. Birdsell, Dist 19; Sen. Soucy, Dist 18; Rep. Butler, Carr. 7; Rep. John T. O'Connor, Rock. 6; Rep. Hunt, Ches. 11; Rep. Comtois, Belk. 7
COMMITTEE: Commerce
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ANALYSIS
This bill establishes criteria for determining whether a proposed business name is distinguishable from an existing business name for purposes of registration with the secretary of state.
The bill is a request of the committee to study the process by which business names are authorized by the secretary of state, established in 2017, 106:3.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2711
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to name availability for business organizations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Voluntary Corporations and Associations; Name. Amend RSA 292:3 by inserting after paragraph II the following new paragraph:
II-a. Except as authorized by paragraphs III and IV, a corporation name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the corporation name is:
(a) An article.
(b) Plural forms of the same word.
(c) Phonetic spelling of the same name or word.
(d) An abbreviation in place of a complete spelling of the name.
(e) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(f) A change in a word or name indicating entity status.
(g) The addition of a numeric designation, unless consent is granted by the current name holder.
(h) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(i) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(j) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
2 New Subsection; Business Corporation Act; Corporate Name. Amend RSA 293-A:4.01 by inserting after subsection (b) the following new subsection:
(b-1) Except as authorized by subsections (c) and (d), a corporate name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the corporate name is:
(1) An article.
(2) Plural forms of the same word.
(3) Phonetic spelling of the same name or word.
(4) An abbreviation in place of a complete spelling of the name.
(5) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(6) A change in a word or name indicating entity status.
(7) The addition of a numeric designation, unless consent is granted by the current name holder.
(8) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(9) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(10) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
3 New Subparagraph; New Hampshire Investment Trusts; Name. Amend RSA 293-B:17, I by inserting after subparagraph (b) the following new subparagraph:
(b-1) Except as authorized by subparagraphs (c) and (d), a New Hampshire investment trust name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the New Hampshire investment trust name is:
(1) An article.
(2) Plural forms of the same word.
(3) Phonetic spelling of the same name or word.
(4) An abbreviation in place of a complete spelling of the name.
(5) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(6) A change in a word or name indicating entity status.
(7) The addition of a numeric designation, unless consent is granted by the current name holder.
(8) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(9) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(10) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
4 New Subparagraph; Professional Corporations; Name. Amend RSA 294-A:7, III by inserting after subparagraph (a) the following new subparagraph:
(a-1) Except as authorized by subparagraphs (b) and (c), a professional corporation name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the professional corporation name is:
(1) An article.
(2) Plural forms of the same word.
(3) Phonetic spelling of the same name or word.
(4) An abbreviation in place of a complete spelling of the name.
(5) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(6) A change in a word or name indicating entity status.
(7) The addition of a numeric designation, unless consent is granted by the current name holder.
(8) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(9) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(10) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
5 New Paragraph; Cooperative Marketing and Rural Electrification Associations; Name. Amend RSA 301:43-a by inserting after paragraph II the following new paragraph:
II-a. Except as authorized by paragraphs III and IV, a cooperative name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the cooperative name is:
(a) An article.
(b) Plural forms of the same word.
(c) Phonetic spelling of the same name or word.
(d) An abbreviation in place of a complete spelling of the name.
(e) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(f) A change in a word or name indicating entity status.
(g) The addition of a numeric designation, unless consent is granted by the current name holder.
(h) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(i) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(j) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
6 New Paragraph; Uniform Partnership Act; Registered Limited Liability Partnerships; Name. Amend RSA 304-A:45 by inserting after paragraph II the following new paragraph:
II-a. Except as authorized by paragraphs III and IV, a registered limited liability partnership name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the registered limited liability partnership name is:
(a) An article.
(b) Plural forms of the same word.
(c) Phonetic spelling of the same name or word.
(d) An abbreviation in place of a complete spelling of the name.
(e) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(f) A change in a word or name indicating entity status.
(g) The addition of a numeric designation, unless consent is granted by the current name holder.
(h) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(i) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(j) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
7 New Paragraph; Uniform Limited Partnership Act; Name. Amend RSA 304-B:2 by inserting after paragraph III the following new paragraph:
III-a. Except as authorized by paragraphs IV and V, a limited partnership name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the limited partnership name is:
(a) An article.
(b) Plural forms of the same word.
(c) Phonetic spelling of the same name or word.
(d) An abbreviation in place of a complete spelling of the name.
(e) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(f) A change in a word or name indicating entity status.
(g) The addition of a numeric designation, unless consent is granted by the current name holder.
(h) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(i) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(j) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
8 New Paragraph; Limited Liability Companies; Name. Amend RSA 304-C:32 by inserting after paragraph III the following new paragraph:
III-a. Except as authorized by paragraphs IV, V, and VI, a limited liability company name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the limited liability company name is:
(a) An article.
(b) Plural forms of the same word.
(c) Phonetic spelling of the same name or word.
(d) An abbreviation in place of a complete spelling of the name.
(e) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(f) A change in a word or name indicating entity status.
(g) The addition of a numeric designation, unless consent is granted by the current name holder.
(h) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(i) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(j) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
9 New Subparagraph; Foreign Limited Liability Companies; Name. Amend RSA 304-C:177, I by inserting after subparagraph (e) the following new subparagraph:
(e-1) Except as authorized by subparagraphs (f) and (g), a foreign limited liability company name or a fictitious name used by a foreign limited liability company, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the foreign limited liability company name or the fictitious name is:
(1) An article.
(2) Plural forms of the same word.
(3) Phonetic spelling of the same name or word.
(4) An abbreviation in place of a complete spelling of the name.
(5) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(6) A change in a word or name indicating entity status.
(7) The addition of a numeric designation, unless consent is granted by the current name holder.
(8) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(9) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(10) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
10 New Paragraph; Registration of Foreign Partnerships; Name. Amend RSA 305-A:2-e by inserting after paragraph I the following new paragraph:
I-a. Except as authorized by paragraphs II and III, a foreign partnership name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the foreign partnership name is:
(a) An article.
(b) Plural forms of the same word.
(c) Phonetic spelling of the same name or word.
(d) An abbreviation in place of a complete spelling of the name.
(e) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(f) A change in a word or name indicating entity status.
(g) The addition of a numeric designation, unless consent is granted by the current name holder.
(h) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(i) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(j) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
11 New Subparagraph; Trade Names. Amend RSA 349:1, IV by inserting after subparagraph (a) the following new subparagraph:
(a-1) Except as authorized by subparagraphs (b) and (c), a trade name, based upon the records of the secretary of state, is not distinguishable upon the record if the only distinguishing factor to the trade name is:
(1) An article.
(2) Plural forms of the same word.
(3) Phonetic spelling of the same name or word.
(4) An abbreviation in place of a complete spelling of the name.
(5) A suffix or prefix added to a word or any other deviation from or derivative of the same word, excluding antonyms and opposites.
(6) A change in a word or name indicating entity status.
(7) The addition of a numeric designation, unless consent is granted by the current name holder.
(8) Differences in punctuation or special characters, unless it changes the clear meaning of the word.
(9) Differences in whether letters or numbers immediately follow each other or are separated by one or more spaces.
(10) An Arabic numeral representing a number, a Roman numeral representing the same number, or a word representing the same number appearing in the same position within otherwise identical names.
12 Effective Date. This act shall take effect January 1, 2019.
