Final determination of name availability.

72-03-02-12. Final determination of name availability. 1. The final determination on the availability of a proposed name must be made by the secretary of state and may be made after the filing containing the proposed name is submitted to the secretary of state. 2. An opinion given by an employee of the secretary of state on the availability of a name before submission is advisory and is not a final determination that the proposed name is available for use at the time the filing is submitted. 3. A party may use the online business and trademark records search function hosted by the secretary of state to help choose a name that may be acceptable. However, a party's verification that a proposed name does not exist within the business and trademark records search function is not a determination that the proposed name is available for use. 4. A party that does not agree with the secretary of state's determination that a name is not available for use may request reconsideration of that determination by submitting a written request for reconsideration to the secretary of state that includes the reasons for the disagreement. 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(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) 8