NDAC 72-03-02-08
Names likely to mislead the public
Cite as N.D. Admin. Code ยง 72-03-02-08
1.
The secretary of state may reject a proposed name if the name indicates a purpose that would
be unlawful for the entity to engage in, including:
a.
A corporation or limited liability company proposed name may not contain the word
"farm", "ranch", or words of like meaning unless:
(1)
The proposed name is associated with a farming or ranching corporation, farming or
ranching limited liability company, authorized livestock farm corporation, or
authorized livestock farm limited liability company incorporated or organized under
North Dakota Century Code chapter 10-06.1; or
(2)
The proposed name contains a word or words qualifying that farming or ranching is
not the entity's purpose (for example, "farm supply" or "farm equipment").
b.
A proposed name may not contain the word "bank", "trust", or words of like import, unless
the filing is accompanied by written approval from the North Dakota department of
financial institutions granting use of the word in accordance with North Dakota Century
Code sections 6-02-01 and 6-05-02.
c.
A proposed name may not contain a word or words indicating the entity provides
insurance unless:
(1)
The proposed name is associated with an insurer; or
(2)
The proposed name contains a word or words qualifying that the entity's purpose is
not that of an insurer (for example, "insurance agent", "insurance agency", or
"insurance broker").
2.
The secretary of state may reject a proposed name if the name falsely implies an entity is a
government organization or authority or has a government affiliation.
3.
The secretary of state may reject a proposed name if the name falsely implies an entity is a
professional association or is associated with a specific profession.