NDAC 72-03-02-10
Matters not considered
Cite as N.D. Admin. Code § 72-03-02-10
1.
In determining the availability of a proposed name, names not in active status in the secretary
of state's records are available for use.
2.
Among the matters that may not be considered in determining the availability of a proposed
name are the following:
a.
Whether the purposes or activities of the parties are similar;
b.
Whether the parties may be carrying out activities in the same or nearby locations;
c.
Whether a comparable situation has previously been acted upon by the secretary of
state;
d.
Whether an employee of the secretary of state shared views as to the availability prior to
the final determination; or
e.
Whether the party proposing the name has already used the proposed name or has
spent money using the name in the expectation that the name would be available.