NDAC 72-03-02-12
Final determination of name availability
Cite as N.D. Admin. Code ยง 72-03-02-12
1.
The final determination on the availability of a proposed name must be made by the secretary
of state and may be made after the filing containing the proposed name is submitted to the
secretary of state.
2.
An opinion given by an employee of the secretary of state on the availability of a name before
submission is advisory and is not a final determination that the proposed name is available for
use at the time the filing is submitted.
3.
A party may use the online business and trademark records search function hosted by the
secretary of state to help choose a name that may be acceptable. However, a party's
verification that a proposed name does not exist within the business and trademark records
search function is not a determination that the proposed name is available for use.
4.
A party that does not agree with the secretary of state's determination that a name is not
available for use may request reconsideration of that determination by submitting a written
request for reconsideration to the secretary of state that includes the reasons for the
disagreement.