§ 308B.211 Cooperative Name

In plain language#

Your cooperative's name must distinguish it, on the records of the Office of the Secretary of State, from the name of any domestic or foreign business entity that is on file, authorized or registered to do business in Minnesota at the time of filing, and from any name whose right is reserved or provided for by law at the time of organization. ^{P1, § 308B.211, subd. 1}

Once your cooperative has the name, the name "shall be reserved for the cooperative during its existence." ^{P1, § 308B.211, subd. 2}

How it works in practice#

• The test in the statute is "distinguish … upon the records." The section does not define how different a name must be. Whether a proposed name is distinguishable is determined by the secretary of state's records at filing.
• The name goes in the articles (§ 308B.215, subd. 1(a)(1)).
• This section does not require any particular word, such as "cooperative," in the name, and it does not address trademark. Neither question is answered here. Other statutes may impose naming requirements for cooperatives or restrict use of the word "cooperative"; we have not verified any for this annotation.

Related#

• Contents of the articles: § 308B.215
• When existence begins: § 308B.235