Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 79 - BUSINESS ENTITY FILINGS
Subchapter C - ENTITY NAMES
Section 79.38 - Distinguishable Names
Current through Reg. 47, No. 14; April 8, 2022
Without limiting the discretion of the Secretary of State to determine that a proposed name is the same as an existing name, entity names are distinguishable and are therefore available if a comparison of the names reveals sufficient differences, or if one or more of the following conditions exist:
(1) A difference of at least one key word.
(2) The key words are the same but are in a different order.
(3) The key words or contractions of key words are derived from the same root word.
(4) The key words are the same but are in a different language.
(5) The key word or words sound the same but at least one word, on its face, has a different meaning or connotation.
(6) The key word or words are the same except for the addition, substitution, or omission of prepositions which alter the names sufficiently to make the names distinguishable.
1 Tex. Admin. Code § 79.38
The provisions of this §79.38 adopted to be effective January 1, 1976; Amended to be effective September 15, 1981, 6 TexReg 3249; Amended to be effective January 2, 1992, 16 TexReg 7469; Adopted by Texas Register, Volume 43, Number 21, May 25, 2018, TexReg 3342, eff. 6/1/2018
This section was updated on 6/12/2018 by an editor because it was made effective.