Section 46-3-220. Requirements as to corporate name generally

   (a) The corporate name shall be written in Roman or cursive letters or Arabic or Roman numbers and:

   (1) Shall contain the words "electric membership corporation" or an abbreviation of such words;

   (2) Shall not contain any word or phrase:

      (A) Which indicates or implies that the electric membership corporation is organized for any purpose other than one or more of the purposes permitted by this article and its articles of incorporation; or

      (B) Which, in the reasonable judgment of the Secretary of State, is obscene;

   (3) Shall not be the same as or confusingly similar to:

      (A) The name of any electric membership corporation or other corporation, whether for profit or not, existing under the laws of this state;

      (B) The name of any foreign corporation, whether for profit or not, or any foreign electric cooperative authorized to transact business in this state;

      (C) A name the exclusive right to which is at the time reserved in the manner provided in Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," Chapter 2 of Title 14, the "Georgia Business Corporation Code," or in this article;

      (D) The name of a corporation which has in effect a registration of its corporate name as provided in Chapter 2 of Title 14, the "Georgia Business Corporation Code"; or

      (E) Any name prohibited by any other law of this state.

(b) Nothing in this Code section shall:

   (1) Prevent the use of the name of any electric membership corporation or other corporation, whether domestic or foreign, by an electric membership corporation where the first such electric membership corporation or other corporation has consented to such use, and the name of the electric membership corporation proposing such use contains other words or characters which distinguish it from the name of the first such electric membership corporation or other corporation;

   (2) Require any electric membership corporation existing on July 1, 1981, to add to, modify, or otherwise change its corporate name; or

   (3) Abrogate or limit the law as to unfair competition or unfair trade practice nor derogate from the common law, principles of equity, or the statutes of this state or of the United States with respect to the right to acquire and protect trade names and trademarks.

(c) Any electric membership corporation which is precluded from using its corporate name in another state because such name is the same as or confusingly similar to that of an electric membership corporation or other corporation already authorized to transact business therein or to a name already reserved or registered in such state may amend its articles of incorporation to add to its corporate name, solely for use in such other state, a word, abbreviation, or other distinctive and distinguishing element (such as, for example, the state of its incorporation in parentheses) as may be necessary to resolve any reasonable confusion between the two names. Such amendment shall set forth the state or states as to which it shall apply; and the corporate name with such additions shall be the name of the electric membership corporation in such other state or states and shall be used in all of its dealings with the officials of such state or states and in the conduct of its business and affairs in such state or states.

(d) The words "electric membership corporation" shall not be used in the corporate name of corporations organized under the laws of this state, or authorized to do business in this state, other than electric membership corporations.

Ga. L. 1937, p. 644, § 7; Code 1933, § 34C-301, enacted by Ga. L. 1981, p. 1587, § 1.