Matters not considered.

72-03-02-10. Matters not considered. 1. In determining the availability of a proposed name, names not in active status in the secretary of state's records are available for use. 2. Among the matters that may not be considered in determining the availability of a proposed name are the following: a. Whether the purposes or activities of the parties are similar; b. Whether the parties may be carrying out activities in the same or nearby locations; c. Whether a comparable situation has previously been acted upon by the secretary of state; d. Whether an employee of the secretary of state shared views as to the availability prior to the final determination; or e. Whether the party proposing the name has already used the proposed name or has spent money using the name in the expectation that the name would be available. History: Effective January 1, 2026. General Authority: NDCC 10-15-08.1(3), 10-19.1-13(2), 10-32.1-11(2), 10-33-10(2), 10-34-04(3)(a), 45-10.2-10(2), 45-11-01(4), 45-13-04.1(2), 45-22-04(2), 45-23-03(2), 47-25-03(2) Law Implemented: NDCC 10-15-08.1, 10-19.1-13, 10-32.1-11, 10-33-10, 10-34-04, 45-10.2-10, 45-11-01, 45-13-04.1, 45-22-04, 45-23-03, 47-25-03