(1) The name of a limited liability company must contain the words "limited liability company" or "limited company" or the abbreviation "L.L.C.," "LLC," "L.C.," or "LC." "Limited" may be abbreviated as "ltd." and "company" may be abbreviated as "co." If the limited liability company is a professional company, however, the name of the limited liability company must contain the words "professional company" or the abbreviations "P.L.L.C." or "PLLC." (2) The name of a limited liability company may not contain language falsely stating or implying government affiliation. (3) Unless authorized by subsection (4) of this section, the name of a limited liability company must be distinguishable on the records of the secretary of state from: (a) The name of each person that is not an individual and that is incorporated, organized or authorized to transact business in this state; (b) The limited liability company name stated in each certificate of organization that contains the statement as provided in section 30-6-201 (2)(c), Idaho Code, and that has not lapsed; and (c) Each name reserved under section 30-6-109 , Idaho Code, and sections 30-1-402 and 30-1-403 , Idaho Code, sections 30-3-28 and 30-3-29 , Idaho Code, and section 53-2-109 , Idaho Code. (4) A limited liability company may apply to the secretary of state for authorization to use a name that does not comply with subsection (3) of this section. The secretary of state shall authorize use of the name applied for if, as to each noncomplying name: (a) The present user, registrant or owner of the noncomplying name consents in a signed record to the use and submits an undertaking in a form satisfactory to the secretary of state to change the noncomplying name to a name that complies with subsection (3) of this section and is distinguishable in the records of the secretary of state from the name applied for; or (b) The applicant delivers to the secretary of state a certified copy of the final judgment of a court establishing the applicant's right to use in this state the name applied for. (5) Subject to section 30-6-805 , Idaho Code, this section applies to a foreign limited liability company transacting business in this state which has a certificate of authority to transact business in this state or which has applied for a certificate of authority.
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