181.0401 (2) (a) 1. Any name of an existing person whose formation required the filing of a record by the department and which is not at the time administratively dissolved.
258,440
Section
440. 181.0401 (2) (a) 3. of the statutes is amended to read:
181.0401 (2) (a) 3. A Any name reserved or registered under this chapter or ch. 178, 179, 180, 183, 185, or 193 or other law of this state providing for the reservation or registration of a name by a filing of a record by the department.
258,441
Section
441. 181.0401 (2) (a) 6., 7. and 8. of the statutes are repealed.
258,442
Section
442. 181.0401 (2) (a) 9. of the statutes is amended to read:
181.0401 (2) (a) 9. The Any name of a limited liability partnership formed under the laws of, or registered in, this state whose statement of qualification is in effect.
258,443
Section
443. 181.0401 (3) (a) of the statutes is amended to read:
181.0401 (3) (a) The other corporation or the foreign corporation, limited liability company, stock corporation, limited partnership, limited liability partnership, foreign limited liability partnership, general cooperative association, or unincorporated limited cooperative association consents to the use in writing and submits an undertaking in a form satisfactory to the department to change its name to a name that is distinguishable upon the records of the department from the name of the applicant or to cancel the registration or reservation.
258,444
Section
444. 181.0401 (3m) of the statutes is created to read:
181.0401 (3m) In determining whether a name is the same as or not distinguishable on the records of the department from the name of another person, words, phrases, or abbreviations indicating a type of entity, such as “corporation," “Corp.," “incorporated," “Inc.," “
service corporation,” “SC,” “Limited," “Ltd.," “
limited partnership," “LP," “limited liability partnership," “LLP," “limited liability limited partnership," “LLLP," “registered limited liability limited partnership," “RLLLP," “limited liability company," “LLC," “cooperative association," or “cooperative," or a variation of these abbreviations that differs only with respect to capitalization of letters or punctuation, may not be taken into account.
258,445
Section
445. 181.0401 (4) (intro.), (a) and (b) of the statutes are amended to read:
181.0401 (4) Corporate reorganizations. (intro.) A corporation may in this state use the name, including the fictitious name, that is used in this state by another domestic or foreign corporation or stock corporation authorized to transact business in this state, or a limited liability company, limited partnership, limited liability partnership, foreign limited liability partnership, general cooperative association, or limited cooperative association, if the corporation proposing to use the name has done any of the following:
(a) Merged with the other domestic or foreign corporation or stock corporation entity.
(b) Been formed by reorganization of the other domestic or foreign corporation or stock corporation entity.
258,446
Section
446. 181.0402 (title) of the statutes is amended to read:
181.0402 (title) Reserved Reservation of name.
258,447
Section
447. 181.0402 (1) (title) of the statutes is repealed.
258,448
Section
448. 181.0402 (1) of the statutes is amended to read:
181.0402 (1) A person may reserve the exclusive use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available, by delivering an application to the department for filing or by making a telephone application. The application shall include the name and address of the applicant and the name proposed to be reserved. If the department finds that the corporate name applied for under this subsection is available, the department shall reserve the name for the applicant's exclusive use for a 120-day period, which may be renewed by the applicant or a transferee under sub. (2) from time to time.
258,449
Section
449. 181.0402 (2) (title) of the statutes is repealed.
258,450
Section
450. 181.0402 (2) of the statutes is amended to read:
181.0402 (2) A person who has the right to exclusive use of a reserved corporate name under sub. (1) may transfer the reservation to another person by delivering to the department a written and signed notice in a record of the transfer that states the name and address of the transferee person to which the reservation is being transferred.
258,451
Section
451. 181.0403 (title) of the statutes is amended to read:
181.0403 (title) Registered Registration of name.
258,452
Section
452. 181.0403 (1) (a) of the statutes is amended to read:
181.0403 (1) (a) A foreign corporation that has not filed a certificate of authority under s. 181.1503 may register its corporate name, or a fictitious name adopted pursuant to s. 181.1506 (1), if the name is distinguishable upon the records of the department from the names described in that are available under s. 181.1506 (2) and if the foreign corporation delivers to the department for filing an application complying with par. (b).
258,453
Section
453. 181.0403 (1) (b) of the statutes is repealed and recreated to read:
181.0403 (1) (b) To register its name or a fictitious name adopted pursuant to s. 181.1506 (1), a foreign corporation must deliver to the department for filing an application stating the foreign corporation's name, the jurisdiction and the date of its formation, and any fictitious name adopted pursuant to s. 181.1506 (1). If the department finds that the name applied for is available, the department shall register the name for the applicant's exclusive use.
258,454
Section
454. 181.0403 (1) (c) of the statutes is amended to read: