Insurance & Commerce - Senate

I think the only bill will send Irvin is not here. Is B. one forty two is B. one fifty one eighty one eighty three a center console has central to the deferred list suppose Senate president you're recognized to run Senate bill two zero five. Thank you Mr of Senate bill two O. five changes the way the Secretary of State of evaluates a LOC names pretty pretty simple bill the attorneys were having some issues with long delays getting rejections backer confirmations so got a lot of calls from attorneys thank me for file on this piece of legislation and the. Rendered by the Secretary of state and they're neutral on it so of the offer to do an amendment and they said they were okay with the way the language currently was no no no opposition and Just like to ask you both for your vote. Are there any questions from committee. I will. Senator Hickey it just I just I just wanna get a little bit more information only this section three concetto three yes I'm sorry this page to. Yes starting on saline fifteen to twenty six so. So what are we saying here with like a suffix so if you've got a current corporate name this. ABC. Ink. Then do you know what what we so what I would would that be good ABC the I mean is that then that's okay for them to to read for that one or. Not sure yeah I mean you Miss again. If you don't mind I think I can step in and help ensure that a little bit I'm familiar with the process in the way that works right now it's subjective that the someone over to secretary of state's office can decide if something's too similar or not and often times it's it's pretty odd the way that they they see things and it does make a lot of sense so that all this is doing is trying to put in the parameters to act we when you can deny someone because it's two summers one oh so for instance you know saying and a ND verses and ampersand but still similar ABC an ABC LLC are too similar ABCD LLC an ABC LLC would be different so can you just trying to set some basic parameters I think it should be beneficial to the secretary of state's office I'm sure they're tired of having to answer why something is too similar but again I I've been to the process number times numerous times and it is it's quite something when you get the kick back the other issue that does occur when they get kicked back. Is oftentimes III in its already been sought by the pair because there's a delay or you know they've already started some other registration again having some clarification and guidelines should be beneficial to sos and also the you know the person dropped to its creating the the entity. Then they pretty much cut out confusingly similar and made it distinguishable Blake said at a parameters yeah. So. I thank you and I agree with what we're trying to do I just wanna make sure that that we pull it off this route so it's is an attorney whether or not a corporate name is distinguishable. Under subdivision this section of corporate name that is different from the name of another entity or filing is distinguishable. Unless the only difference is this. So I agree with what Senator Dismang says I'm just wanting to make sure that. By the way that we have it written. That we're not saying that this is the absolute only way that they could not determine that is distinguishable. It's just is it reads a little oddly corporate name that is different from the name of another entity or filing is distinguishable so in other words it's always distinguishable. Unless it has a set of so fix it a definite ended that ended in in the. The indefinite article. The end that we've talked about or these other couple things. So. Is that that's what we're saying I just so it really then they're not gonna have any discretion. We'll the stock indeterminate fits distinguishable. That's what the that's why we if we're pretty sure that that I'm fine with that I just don't read it that way I don't think I do are you are you reading and US interest as these are the only conditions yes you read yes yes and what you sand senator Penzo your intent is that this is not the only this is some additional. Is that correct. What what what do you what my understanding I mean I thought that this was going to be a problem I would brought the Attorney the drafted it mileage eyes is sold and I failed by not looking at this ad and I'm I'm staying online I'm fine with waiting on it and didn't do we can get some clarification if you feel more comfortable again I just want to if if you think that if you think that they can still say it's distinguishable even if there's something different in this I don't think it reads that way I think that but they do not do it. That that they're going to have to allow it to go. And this is one of these five would say and it's it's distinguishable unless the only differences. Yeah I think the worst only senator Penzo is what's was was kind of confused the only difference either it can't limits that we use is only going to send it is my name and that's exactly how I think it's intended to read And there was a lot of latitude utilized by the sos on being completely subjective back names in the last few years I mean I I wish I had some emails front of me of entities that we tried to establish that then we were told conflict with someone else but it was. I mean they were purely distinguishable and so I mean I think the question is do you see any other committee members do you see any other things that should be included you know in this list but I do believe there should be parameters put in place and again it's gonna be better for the here's the reality so any business that operates the state of Arkansas you can go to the business search function on the sos website that's with the attorneys do you search for whatever Boyd enterprises okay and you're going to be be able to see or you can search the word Boyd is gonna show you every business in the state of Arkansas this registered even those not paid their fight their franchise taxes it's ever used the word Boyd K. you can't have one of those names all right you can go up the problem is sos are to make determinations that Boyd enterprises which too much like Boyd business or Boyd rentals or whatever the next thing you know you can never use it do anything again that uses the word Boyd right and so that's what you're trying to get away from is. Allowing the sos to have latitude to determine you know what's what to me I would argue that there's a big difference between Boyd enterprises and board corporation or whatever you want to say sos feel very different about that. again I think this is just clarification if there's other items and if we want to pull down that's fine it should be added to the list and I think we just need to raise those as issues I'm guessing secretary of state's office is in the room you all have went through this and these are what you've identified to be the primary issues. In in the hopefully not in the morning so we want to do this you want to bring secretary states to that today in the table are you available to talk about this if you you're welcome to come if you're available if you if you can bring some clarity that really helps. Yes Matt pitchmen secretary of state's office Senator Dismang is correct we've talked with Clint center Penzo about this bill we We realize the need for the bill we are not in support or against this bill were anxious to see where it goes It's one of those deals Senator Dismang is absolutely correct it's been a tough. Without a written specification of what is distinguishable and what isn't so that's we don't have an official position on this but. Or were not against this bill you don't have a clear do for the the. And. I think that's in those that of okay anyone else what Senate boy. I really have a question but if if there is some capacity for amending the bill I I'm not I'm fine if it stays the way it is I'm just telling you that right now but if they're going to consider rather than see it says the word and in the senate ampersand or whatever I mean I just almost be open to saying conjunction adding a conjunction in there like Boyd or pitch versus Boyd and page if that you know that would be the only thing I can think of. I don't think it would change the way I voted or not but if you want. Hold. It just it just so if I understand this right if it and we'll keep you using board here's your portion of the get this so. If somebody had. Board a incorporated according to this. Then we would not allow What we have Boyd is incorporated according to this then we would allow board a incorporated. Because it's just. It's just one more. I don't. That's yes I'm a little confused it maybe what what could what could what have I think I think that maybe I wouldn't mind just having a list of. Of us trying to sit down and figure out what could what could could not because I I've actually had this personally with me with the a company where I did contracting or whatever and there was another another company that did a name that was almost identical or you know whatever you're going out to suppliers and things also part of my understanding my credit worthiness and stuff was was good and you know there was all there was a little confusing confusion to that and that's why I'm bringing bringing this up it may all be fine I just. I think I wanted to study this just a little bit number just to make sure that I fully understand in a perfectly fine with that and I apologize because I know I should have approached you first don't assume yes so what if I'm understanding correctly you just going to just put the downfall today able to stand we'll we'll talk about it make sure we have a right and then I'll bring it back next week thank you senator thank you. Okay that being said I think that is is there any other business of the committee have that we may not know of. If not I think that's all we have for the day would Jr thank you.