§ 4005. Name
(a)(1) Except for a low-profit limited liability company, the name of a limited liability
company as set forth in its articles of organization shall contain the words “limited
liability company” or “limited company” or the abbreviation “L.L.C.,” “LLC,” “L.C.,”
or “LC.” The word “limited” may be abbreviated as “Ltd.” and “company” may be abbreviated
as “Co.” in a limited liability company name.
(2) The name of a low-profit limited liability company shall contain the abbreviation
L3C.
(b) Unless authorized under subsection (c) of this section, the name of a limited liability
company shall be distinguishable in the records of the Secretary of State from:
(1) the name of each person that is not an individual and that is incorporated, organized,
or authorized to transact business in this State; and
(2) each name reserved under:
(A) sections 1621a, 4006, and 3403 of this title;
(B) 11A V.S.A. § 4.02;
(C) 11B V.S.A. § 4.02; and
(D) 11C V.S.A. § 112.
(c) A person may apply to the Secretary of State for authorization to use a name that
does not comply with subsection (b) of this section. The Secretary of State shall
authorize use of the name applied for if, as to each noncomplying name:
(1) the present user, registrant, or owner of the name consents to the applicant’s use
of the name in a signed record and submits an undertaking in a form satisfactory to
the Secretary of State to change its name to a new name that complies with subsection
(b) of this section; or
(2) the applicant delivers to the Secretary of State a certified copy of the final judgment
of a court of competent jurisdiction establishing the applicant’s right to use in
this State the name applied for.
(d) Subject to section 4116 of this title, this section applies to a foreign limited liability company transacting business
in this State that has a certificate of authority to transact business in this State
or which has applied for a certificate of authority.
(e) A person intending to operate a postsecondary school, as defined in 16 V.S.A. §§ 176 and 176a, shall apply for a certificate of approval from the State Board of Education prior
to registering a name under this section. (Added 2015, No. 17, § 2.)