Section R14-1-222. Final determination

A.      Verbal approval by the Commission for the use of a proposed corporate name is advisory only and is subject to final determi- nation by the Commission.

B.       A proposed corporate name may be reserved in writing pursu- ant to A.R.S. §§ 10-009 or 10-1007. This written approval is based on the assumption that the proposed corporate name meets all other statutory requirements and is, therefore, also subject to final determination by the Commission.

C.      Final determination that a name is or is not available is made at the time one of the following documents is processed for fil- ing:

1.        Articles of Incorporation

2.        Application for Authority to do business by a foreign cor- poration

3.        Articles of Amendment containing a name change

4.        Articles of Merger containing a name change

5.        Articles of Consolidation containing a name change.

D.      If the name is determined available and the document in which the name is contained is approved, the document is filed and the name becomes an “existing corporate name”.

E.       If the name is determined not available, the applicant is noti- fied of that fact by the document being returned to the appli- cant indicating:

1.        The proposed name is the same as an existing corporate name, or

2.        The proposed name is deceptively similar to an existing corporate name, or

3.        The proposed name is similar to an existing corporate name and requires a letter of consent from the existing corporation.

Historical Note

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