This proposed legislation is drafted to change the current name availability standards under which business entities are allowed to file with the State of Alaska, from three conflicting guidelines to one.

The current guidelines under Title 10 and Title 32 are as follows:

1. Alaska Statutes 10.06, 10.20, 10.35 and 32.11 each use the guideline name may not be the same as, or deceptively similar to, the name of a corporation or registered/reserved name filed under this title.
2. Alaska Statute 10.25 uses the guideline name shall be distinct from the name of other cooperatives or corporations organized under the laws of or authorized to do business in this state.
3. Alaska Statutes 10.50 and 32.05 use the guideline name is distinguishable on the records of the department (from all other entities filed).

As a result of the difference in the current guidelines and the margin of error encountered in determining name availability, many conflicts arise each year between different business entities within Alaska. Some of these private name conflicts ultimately result in a conflict with the State of Alaska if an entity believes a name was filed inappropriately. The State expends scarce resources when it must be party to a lawsuit resulting from conflicting registered names.

The old standards of deceptively similar and distinct should be replaced by the newest guideline distinguishable on the record. This guideline would allow for more entities to file with the State of Alaska, because it is not as stringent as the deceptively similar standard.

The adoption of this newer standard would remove the state from these conflicts and allow those entities that see a problem in name similarity to resolve their disputes privately.