Chandler, AZ asked in Business Law and Business Formation for Arizona

Q: I have a company name I want to use. There is LLC registered with the same name from nearly 15 years ago.

I can find little trace of them, only two generic business listings with only the information provided on the LLC application from 2003. I found his licence application for the same time period, it shows he never completed his state licence application. Don't think they ever went into business. I called the number, elderly lady picked up and said no not the business name. Can I use this name? Is there any requirement for someone to actually use the LLC name to retain it? What happens if he dies and no heirs even know about it since he never started the business?

1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: I would use a different name. However, if this name is critical to your business, I recommend hiring a private investigator to locate the members of this LLC. Once located, you might negotiate a license to use the name or, perhaps, purchase the LLC itself. You must be certain that the LLC is clean with no debts or other liabilities before you purchase it if you intend to use it for your business.

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