Section R14-1-221. Matters not considered in determining name availability

Only the proposed corporate name and existing corporate names are considered when determining name availability. Among matters not considered are:

1.        Whether or not the purpose of a proposed corporation is the same or similar to the purpose of an existing corpora- tion.

2.        Whether an analogous situation has been acted upon by the Corporation Commission.

3.        Whether an opinion has previously been expressed by an employee of the Incorporating Division of the Arizona Corporation Commission or the Secretary of State’s Office.

4.        Whether or not an existing corporation is actively engaged in business, or has a telephone listing, or a gen- erally-known place of business.

5.        Whether or not an existing corporation is about to change its name, dissolve, or merge out of existence.

6.        Whether or not a letter of consent can be obtained from an existing corporation.

7.        Whether or not the applicant is more or less important, extensive, widely-known, or influential than an existing corporation.

8.        Whether or not the applicant has ordered stationery, opened a bank account, signed a contract, or otherwise altered his position in the expectation, hope or belief that the proposed name is available.

9.        Whether or not the applicant believes it has a prior or superior right to the use of a name apart from what is on file in the Incorporating Division of the Arizona Corpora- tion Commission or the Secretary of State’s Office.

Historical Note

Adopted effective June 21, 1982 (Supp. 82-3).