SB205
To Assist Small Business Owners To Form A Legal Entity In This State; And To Clarify The Procedures And Standards Used For Name Availability For Certain Corporations And Limited Liability Companies.
Last Action (March 14, 2023): Notification that SB205 is now Act 256
Sponsors
AI-Generated Summary
Senate Bill 205 amends Arkansas state law to standardize the requirements for business entity name availability. The bill establishes that the Secretary of State should use a 'distinguishable' standard for approving business names rather than determining if a name is 'confusingly similar' to an existing one. It provides a specific list of factors that characterize a name as not distinguishable, such as differences in suffixes, articles, punctuation, or pluralization. The bill updates various sections of the Arkansas Code, including those covering business corporations, nonprofit corporations, and limited liability companies, to ensure consistency in these naming standards. It also maintains existing mechanisms for companies to gain consent from others to use similar names and clarifies procedures for the use of fictitious names. The primary legislative intent is to simplify and clarify the administrative process for small business owners registering a legal entity in the state.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are small business owners and entrepreneurs forming new legal entities (such as corporations or LLCs) in Arkansas. By replacing the subjective 'confusingly similar' standard with clear, bright-line rules for 'distinguishable' names, the bill provides greater predictability and reduces administrative barriers, making the registration process more transparent and efficient.
Who Might Suffer?
Established businesses might be negatively impacted if competitors adopt names that are technically 'distinguishable' under the new, narrower criteria but remain similar enough to potentially cause consumer confusion or dilution of brand identity. While the bill aims to improve administrative clarity, it removes the Secretary of State's broader discretion to reject names that might be considered confusingly similar, potentially placing more of a burden on existing business owners to protect their branding through private legal action.
Vote Records
Third Reading
March 7, 2023View individual votes (100)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Fred Allen | Democrat | House | Yea |
| Lane Jean | Republican | House | Yea |
| Stephen Meeks | Republican | House | Yea |
| Mark Perry | Democrat | House | Yea |
| Jon Eubanks | Republican | House | Yea |
| Matthew Shepherd | Republican | House | NV |
| Jeff Wardlaw | Republican | House | NV |
| Bruce Cozart | Republican | House | Yea |
| David Whitaker | Democrat | House | Yea |
| Deborah Ferguson | Democrat | House | Yea |
| Charlene Fite | Republican | House | Yea |
| Mike Holcomb | Republican | House | Yea |
| Stephen Magie | Democrat | House | Yea |
| Mark McElroy | Republican | House | Yea |
| Josh Miller | Republican | House | Yea |
| Richard Womack | Republican | House | Yea |
| Jack Ladyman | Republican | House | Yea |
| Robin Lundstrum | Republican | House | Yea |
| Dwight Tosh | Republican | House | Yea |
| Lanny Fite | Republican | House | Yea |
| Grant Hodges | Republican | House | Yea |
| Rick Beck | Republican | House | Yea |
| Mary Bentley | Republican | House | Yea |
| Les Eaves | Republican | House | Yea |
| Justin Gonzales | Republican | House | Yea |
| Julie Mayberry | Republican | House | Yea |
| Ken Ferguson | Democrat | House | Yea |
| Ron Mcnair | Republican | House | Yea |
| Milton Nicks | Democrat | House | Yea |
| Marcus Richmond | Republican | House | Yea |
| Vivian Flowers | Democrat | House | NV |
| Deann Vaught | Republican | House | Yea |
| Karilyn Brown | Republican | House | Yea |
| Sonia Eubanks Barker | Republican | House | Yea |
| Frances Cavenaugh | Republican | House | Yea |
| Jack Fortner | Republican | House | Yea |
| Jimmie Gazaway | Republican | House | Yea |
| Roger Lynch | Republican | House | Yea |
| John Maddox | Republican | House | Yea |
| Aaron Pilkington | Republican | House | Yea |
| Johnny Rye | Republican | House | Yea |
| Les Warren | Republican | House | Yea |
| Danny Watson | Republican | House | Yea |
| Carlton Wing | Republican | House | Yea |
| Austin Mccollum | Republican | House | Yea |
| Carol Dalby | Republican | House | Yea |
| Steve Hollowell | Republican | House | Yea |
| Brian Evans | Republican | House | Yea |
| Lee Johnson | Republican | House | Yea |
| Andrew Collins | Democrat | House | Yea |
| Stan Berry | Republican | House | Yea |
| Harlan Breaux | Republican | House | Yea |
| Cameron Cooper | Republican | House | Yea |
| Nicole Clowney | Democrat | House | Yea |
| Cindy Crawford | Republican | House | Yea |
| Denise Garner | Democrat | House | Yea |
| Tippi McCullough | Democrat | House | Yea |
| Jay Richardson | Democrat | House | Yea |
| Jamie Scott | Democrat | House | Yea |
| Jim Wooten | Republican | House | Yea |
| Denise Ennett | Democrat | House | Yea |
| Richard McGrew | Republican | House | Yea |
| Joy Springer | Democrat | House | Yea |
| Howard Beaty | Republican | House | Yea |
| Tony Furman | Republican | House | Yea |
| Kendon Underwood | Republican | House | Yea |
| David Ray | Republican | House | Yea |
| Mark Berry | Republican | House | Yea |
| John Carr | Republican | House | Yea |
| Rick McClure | Republican | House | Yea |
| Keith Brooks | Republican | House | Yea |
| Delia Haak | Republican | House | Yea |
| Ashley Hudson | Democrat | House | Yea |
| Jon Milligan | Republican | House | Yea |
| RJ Hawk | Republican | House | Yea |
| Wade Andrews | Republican | House | Yea |
| Rebecca Burkes | Republican | House | Yea |
| DeAnna Hodges | Republican | House | Yea |
| Hope Duke | Republican | House | Yea |
| Zack Gramlich | Republican | House | Yea |
| Mindy McAlindon | Republican | House | Yea |
| Matt Duffield | Republican | House | Yea |
| Stetson Painter | Republican | House | Yea |
| Steve Unger | Republican | House | Yea |
| Wayne Long | Republican | House | Yea |
| Scott Richardson | Republican | House | Yea |
| Brandon Achor | Republican | House | NV |
| Jeremiah Moore | Republican | House | Yea |
| Joey Carr | Republican | House | Yea |
| Matt Brown | Republican | House | Yea |
| Shad Pearce | Republican | House | Yea |
| Chad Puryear | Republican | House | Yea |
| Ryan Rose | Republican | House | Yea |
| Bart Schulz | Republican | House | Yea |
| Trey Steimel | Republican | House | Yea |
| Tara Shephard | Democrat | House | Yea |
| Jeremy Wooldridge | Republican | House | Yea |
| Kendra Moore | Republican | House | Yea |
| Brit McKenzie | Republican | House | Yea |
| Steven Walker | Republican | House | Yea |
Third Reading
Feb. 22, 2023View individual votes (35)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Jane English | Republican | Senate | Yea |
| Linda Chesterfield | Democrat | Senate | NV |
| Jonathan Dismang | Republican | Senate | Yea |
| Greg Leding | Democrat | Senate | Yea |
| Missy Irvin | Republican | Senate | Yea |
| Bryan King | Republican | Senate | Yea |
| Kim Hammer | Republican | Senate | Yea |
| Stephanie Flowers | Democrat | Senate | NV |
| Frederick Love | Democrat | Senate | Yea |
| Terry Rice | Republican | Senate | Yea |
| Reginald Murdock | Democrat | Senate | Yea |
| Gary Stubblefield | Republican | Senate | Yea |
| Jim Dotson | Republican | Senate | Yea |
| John Payton | Republican | Senate | Yea |
| Alan Clark | Republican | Senate | Yea |
| Ronald Caldwell | Republican | Senate | Yea |
| Bart Hester | Republican | Senate | Yea |
| Jimmy Hickey | Republican | Senate | Nay |
| Dan Sullivan | Republican | Senate | Yea |
| David Wallace | Republican | Senate | Yea |
| Blake Johnson | Republican | Senate | Yea |
| Justin Boyd | Republican | Senate | Yea |
| Clarke Tucker | Democrat | Senate | Yea |
| Scott Flippo | Republican | Senate | Yea |
| Clint Penzo | Republican | Senate | Yea |
| Mark Johnson | Republican | Senate | Yea |
| Ricky Hill | Republican | Senate | Yea |
| Breanne Davis | Republican | Senate | Yea |
| Ben Gilmore | Republican | Senate | Yea |
| Joshua Bryant | Republican | Senate | Yea |
| Matt McKee | Republican | Senate | Yea |
| Jim Petty | Republican | Senate | Yea |
| Steve Crowell | Republican | Senate | Yea |
| Tyler Dees | Republican | Senate | Yea |
| Matt Stone | Republican | Senate | Yea |
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