NAC: CHAPTER 78 - PRIVATE CORPORATIONS

[Rev. 2/12/2010 12:48:22 PM]

CHAPTER 78 - PRIVATE CORPORATIONS

78.010 Considerations in determining whether proposed name of corporation is distinguishable from name of existing business entity.

78.020 Distinguishing proposed name from name of existing business entity: Use of certain words or abbreviations following main body of name.

78.030 Distinguishing proposed name from name of existing business entity: Addition, omission or substitution of distinctive lettering or typeface, spaces, capitalized letters, punctuation marks, symbols or signs.

78.040 Distinguishing proposed name from name of existing business entity: Use of articles.

78.050 Distinguishing proposed name from name of existing business entity: Differences in spelling.

78.060 Distinguishing proposed name from name of existing business entity: Words from foreign languages and English language with same meaning or similar spelling.

78.070 Distinguishing proposed name from name of existing business entity: Variations in beginning or ending of root words.

78.080 Distinguishing proposed name from name of existing business entity: Use of prepositions.

78.090 Distinguishing proposed name from name of existing business entity: Use of abbreviated or unabbreviated words.

78.100 Distinguishing proposed name from name of existing business entity: Use of numerals or words representing numbers.

NAC 78.010 Considerations in determining whether proposed name of corporation is distinguishable from name of existing business entity. (NRS 78.039, 78.185) To determine whether a proposed name of a corporation is distinguishable from the name of an existing business entity, the secretary of state will consider, without limitation, the rules set forth in NAC 78.020 to 78.100, inclusive.

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

NAC 78.020 Distinguishing proposed name from name of existing business entity: Use of certain words or abbreviations following main body of name. (NRS 78.039, 78.185)

1. If one or more of the following words or abbreviations follow the main body of the proposed name of a corporation, such words or abbreviations shall be deemed not to be part of the proposed name for the purposes of determining whether the proposed name is distinguishable from the name of an existing business entity:

(a) Business Trust, B.T. or BT;

(b) Chartered or Chtd.;

(d) Corporation or Corp.;

(e) Incorporated, Incorp. or Inc.;

(f ) Limited or Ltd.;

(g) L.C. or LC;

(h) Limited-Liability Company, L.L.C. or LLC;

(i) Limited-Liability Partnership, L.L.P. or LLP;

( j) Limited Partnership, L.P. or LP; and

(k) Professional Corporation, Professional Corp., Prof. Corp., P.C. or PC.

2. If one or more of the following words follow the main body of the proposed name of a corporation, such words shall be deemed to be part of the proposed name for the purposes of determining whether the proposed name is distinguishable from the name of an existing business entity:

(a) And Associates;

(b) Association;

(d) Club;

(e) Consortium;

(f ) Enterprise or Enterprises;

(g) Family;

(h) Foundation;

(i) Group;

( j) Hotel;

(k) Motel;

(l) Partners;

(m) Resort; and

(n) Unlimited.

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

NAC 78.030 Distinguishing proposed name from name of existing business entity: Addition, omission or substitution of distinctive lettering or typeface, spaces, capitalized letters, punctuation marks, symbols or signs. (NRS 78.039, 78.185)

1. The addition or omission of distinctive lettering or typeface, a space, a capitalized letter, a symbol, a sign, a punctuation mark or any other mark does not make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

(a) “ABC, Inc.” is not distinguishable from “A.B.C., Inc.”;

(b) “Intellico” is not distinguishable from “Intelli, Co.”;

(d) “Nevada.com, Inc.” is not distinguishable from “Nevada Com, Inc.”

2. The substitution of distinctive lettering or typeface, a space, a capitalized letter, a symbol, a sign, a punctuation mark or any other mark for a word does not make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

(a) “A-plus” is not distinguishable from “A+”;

(b) “Frustrated, Inc.” is not distinguishable from “Frustrated, Inc.”;

(d) “Marketing Ahead” is not distinguishable from “marketing ahead.”

3. For the purposes of this section:

(a) “Distinctive lettering or typeface” includes, without limitation, underscoring, italics, boldface, different font styles and different font sizes;

(b) “Punctuation mark” includes, without limitation, a comma, a semicolon, a colon, a dash, a period, an exclamation point, a question mark, an apostrophe, single quotation marks, double quotation marks, parentheses, braces, brackets and any other similar mark; and

(c) “Symbol” or “sign” includes, without limitation, #, $, %, ^, &, *, ~, <, >, +, -, =, _, / and \, and any other similar symbol or sign.

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

NAC 78.040 Distinguishing proposed name from name of existing business entity: Use of articles. (NRS 78.039, 78.185) The addition or omission of a definite or an indefinite article, such as “the,” “a” or “an,” does not make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

1. “A Clear View, Inc.” is not distinguishable from “Clearview, Inc.”; and

2. “The Action Co.” is not distinguishable from “Action Co.”

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

NAC 78.050 Distinguishing proposed name from name of existing business entity: Differences in spelling. (NRS 78.039, 78.185) A difference in spelling, regardless of whether there is a phonetic similarity between the proposed name of the corporation and the name of an existing business entity, may make the proposed name distinguishable from the name of an existing business entity. For example:

1. “Capital Cleaner” is distinguishable from “Capitol Cleaners”;

2. “Cool Cuts” is distinguishable from “Kool Kuts”;

3. “Great Picks” is distinguishable from “Great Pix”;

4. “Jones Tires” is distinguishable from “Joan’s Tires”; and

5. “Write, Inc.” is distinguishable from “Right, Inc.”

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

NAC 78.060 Distinguishing proposed name from name of existing business entity: Words from foreign languages and English language with same meaning or similar spelling. (NRS 78.039, 78.185) The use of a word in a foreign language that is spelled similarly or has the same meaning as a word in the English language, or the use of a word in the English language that is spelled similarly or has the same meaning as a word in a foreign language, may make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

1. “Association of Women” is distinguishable from “Association de Mujeres”; and

2. “Evangelical Church” is distinguishable from “Evangelico Church.”

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

NAC 78.070 Distinguishing proposed name from name of existing business entity: Variations in beginning or ending of root words. (NRS 78.039, 78.185) The addition or omission of a prefix or a suffix or any other variation in the beginning or ending of a root word, such as “s,” “es,” “ing,” “ion,” “ed” or “er,” may make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

1. “C-Corp.” is distinguishable from “Cee Cee, Inc.”;

2. “Circuit Products” is distinguishable from “Circuit Production”;

3. “Rich, Inc.” is distinguishable from “Richey, Inc.”;

4. “Sam’s Town” is distinguishable from “Sammy’s Town”; and

5. “Window Wash” is distinguishable from “Window Washing.”

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

NAC 78.080 Distinguishing proposed name from name of existing business entity: Use of prepositions. (NRS 78.039, 78.185) The addition, omission or change of a preposition, such as “of,” “in,” “with” or “for,” may make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

1. “Express Nevada Co.” is distinguishable from “Express of Nevada Co.”;

2. “Kids for Tomorrow” is distinguishable from “Kids of Tomorrow”; and

3. “Jobs in Nevada” is distinguishable from “Jobs for Nevada.”

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

NAC 78.090 Distinguishing proposed name from name of existing business entity: Use of abbreviated or unabbreviated words. (NRS 78.039, 78.185) The use of an abbreviated word in place of an unabbreviated word, or the use of an unabbreviated word in place of an abbreviated word, may make the proposed name of the corporation distinguishable from the name of an existing business entity. For example:

1. “AAA Communications” is distinguishable from “AAA Comm.”;

2. “ABC Job Service” is distinguishable from “ABC Job Svc.”;

3. “American Systems” is distinguishable from “Amer. Systems”;

4. “Computer Technology” is distinguishable from “Computer Tech”; and

5. “International Investors” is distinguishable from “Int’l Investors.”

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)

NAC 78.100 Distinguishing proposed name from name of existing business entity: Use of numerals or words representing numbers. (NRS 78.039, 78.185) The use of a numeral in place of a word that represents the number, or the use of a word that represents the number in place of a numeral, may make the proposed name of a corporation distinguishable from the name of an existing business entity. For example:

1. “8 Ball, Inc.” is distinguishable from “Eight-Ball, Inc.”;

2. “4th and Vine” is distinguishable from “Fourth and Vine”;

3. “Nineteenth Hole” is distinguishable from “19th Hole”; and

4. “One and Only” is distinguishable from “1 and Only.”

(Added to NAC by Sec’y of State by R098-00, eff. 9-25-2000)