Business Organizations Code § 5.153

Sec. 5.153. LIMITATION ON THE REGISTRATION OF CERTAIN NAMES. (a) The secretary of state may register a name under this subchapter only if the name is distinguishable in the records of the secretary of state from: (1) the name of an existing filing entity; (2) the name of a foreign filing entity that is registered under Chapter 9; (3) the fictitious name under which a foreign filing entity is registered to transact business in this state; (4) a name that is reserved under Subchapter C; (5) a name that is registered under this subchapter; or (6) the name of an existing registered series of a domestic limited liability company. (b) Subsection (a) does not apply if: (1) the other entity or the person for whom the name is reserved or registered, as appropriate, provides to the secretary of state a notarized written statement of the entity's or person's consent to the registration of the name; or (2) the applicant is a bank, trust company, savings association, or insurance company that has been in continuous existence from a date that precedes the date the indistinguishable name is filed with the secretary of state. (c) Subsection (b) does not apply if the secretary of state determines that the names are the same. Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1195 (S.B. 1313), Sec. 3, eff. June 19, 2015. Acts 2017, 85th Leg., R.S., Ch. 503 (H.B. 2856), Sec. 5, eff. June 1, 2018. Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 20, eff. June 1, 2022.