(a) A domestic entity may not have a name and a foreign filing entity may not register to transact business in this state under a name that is the same as or not distinguishable on the records of the Secretary of State from:
(1) the name of another existing filing entity or a general partnership that has an effective statement of partnership, statement of not for profit partnership, or limited liability partnership under Chapter 8A;
(2) the name of a foreign filing entity that has a registration under Article 7;
(3) a name that is reserved under Division B.
(b) Subsection (a) does not apply if the other entity or the person for whom the name is reserved consents in writing to the use of a name not distinguishable on the records of the Secretary of State, and submits an undertaking in form satisfactory to the Secretary of State to change its name to a name that is distinguishable on the records of the Secretary of State from the name for which application was made.
(c) In determining whether a name is the same as or not distinguishable on the records of the Secretary of State from the name of another entity, words, phrases, or abbreviations indicating the type of entity, such as “corporation,” “corp.,” “general partnership,” “GP,” “G.P.,” “not for profit general partnership,” “NGP,” “N.G.P.,” “incorporated,” “Inc.,” “limited liability company,” “LLC,” “L.L.C.,” “limited partnership,” “LP,” “L.P.,” “Ltd.,” “limited liability limited partnership,” “LLLP,” “L.L.L.P.,” “limited liability partnership,” “LLP,” or “L.L.P.” shall not be taken into account unless waived in writing by the incumbent holder of the name.
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