West Virginia Code § 31B-1-105

Name
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(a) The name of a limited liability company must contain "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.".
(b) Except as authorized by subsections (c) and (d) of this section, the name of a limited
liability company must be distinguishable upon the records of the Secretary of State from:
(1) The name of any corporation, limited partnership, limited liability partnership or limited
liability company incorporated, organized or authorized to transauct business in this state;
(2) A name reserved or registered under sections 1-106 or 1-107 of this article or under
sections twelve or thirteen of article one, chapter thirty-one of this code.
(3) A fictitious name approved under section 10-1005 for a foreign company authorized to
transact business in this state because its real namle is unavailable.
(c) A limited liability company may apply to the Secretary of State for authorization to use a
name that is not distinguishable upon the records of the Secretary of State from one or more
of the names described in subsection (b) of this section. The Secretary of State shall
authorize use of the name applied for if:
(1) The present user, registrant or owner of a reserved name consents to the use in a record
and submits an undertaking in form satisfactory to the Secretary of State to change the
name to a name that is distinguishable upon the records of the Secretary of State from the
name applied for; 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 the name applied for
in this state.
(d) A limited liability company may use the name, including a fictitious name, of another
domestic or foreign company which is used in this state if the other company is organized or
authorized to transact business in this state and the company proposing to use the name
has:
(1) Merged with the other company;
(2) Been formed by reorganization with the other company; or
(3) Acquired substantially all of the assets, including the name, of the other company.

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