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RULE §79.48 Matters Not Considered

Published: 2015

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Only the proposed entity name, the current names of active (not revoked, cancelled, merged, dissolved, withdrawn, terminated, or forfeited) entities, name reservations, and name registrations for entities on file are considered in determining the availability of the entity name for purposes of filing with the secretary of state. Among matters not considered are the following:   (1) whether the purpose of a proposed entity is the same as or similar to the purpose of an existing entity;   (2) whether the entities will be carrying out activities in the same or nearby locations;   (3) whether an analogous situation has previously been acted upon by the Corporations Section;   (4) whether an "opinion" as opposed to a final determination has previously been expressed by an employee of the secretary of state in response to an oral or written request;   (5) whether an existing entity is actively engaged in business, or has a telephone listing, or a location of a place of business;   (6) whether an existing entity is about to change its name, or be terminated, or merged out of existence;   (7) whether a response to an inquiry can be obtained from an existing entity;   (8) whether the applicant has ordered stationery, opened a bank account, signed a contract, or otherwise altered his position in the expectation, hope, or belief that the proposed name would be available;   (9) whether the applicant is more or less important, extensive, widely known, or influential than an existing entity;   (10) whether the applicant has a prior or superior right to the use of a name apart from what might be shown on inspection of the names of active entities on file in the entity records of the secretary of state;   (11) whether infringement or unfair trade practice has occurred or might occur;   (12) whether an existing entity has filed for or intends to file for bankruptcy; or   (13) whether an applicant's submission of a document relating to the entity name at issue was prior to the submission of the document effecting the conflicting existing name.

Source Note: The provisions of this §79.48 adopted to be effective September 15, 1981, 6 TexReg 3249; amended to be effective February 19, 1988, 13 TexReg 602; amended to be effective January 2, 1992, 16 TexReg 7469; amended to be effective February 18, 1998, 23 TexReg 1529; amended to be effective October 20, 2004, 29 TexReg 9671; amended to be effective January 1, 2010, 34 TexReg 9169