(a) If the name of a foreign limited liability company does not satisfy the requirements of section 1106 of this chapter, the company, to obtain or maintain a certificate of authority to transact business in the Virgin Islands, must use a fictitious name to transact business in the Virgin Islands if its real name is unavailable and it delivers to the office of the Lieutenant Governor for filing a copy of the resolution of its managers, in the case of a manager-managed company, or of its members, in the case of a member-managed company, adopting the fictitious name.
(b) Except as authorized by subsections (c) and (d) of this section, the name, including a fictitious name to be used to transact business in the Virgin Islands, of a foreign limited liability company must be distinguishable upon the records of the office of the Lieutenant Governor from:
(1) the name of any corporation, limited partnership, or company incorporated, organized, or authorized to transact business in the Virgin Islands;
(2) a name reserved or registered under sections 1107 or 1108 of this chapter; and
(3) the fictitious name of another foreign limited liability company authorized to transact business in the Virgin Islands.
(c) A foreign limited liability company may apply to the office of the Lieutenant Governor for authority to use in the Virgin Islands a name that is not distinguishable upon the records of the office of the Lieutenant Governor from a name described in subsection (b) of this section. The Lieutenant Governor shall authorize use of the name applied for if:
(1) the present user, registrant, or owner of a reserved name consents to the use in a record and submits an undertaking in form satisfactory to the Lieutenant Governor to change its name to a name that is distinguishable upon the records of the office of the Lieutenant Governor from the name of the foreign applying limited liability company; or
(2) the applicant delivers to the office of the Lieutenant Governor a certified copy of a final judgment of a court establishing the applicant's right to use the name applied for in the Virgin Islands.
(d) A foreign limited liability company may use in the Virgin Islands the name, including the fictitious name, of another domestic or foreign entity that is used in the Virgin Islands if the other entity is incorporated, organized, or authorized to transact business in the Virgin Islands and the foreign limited liability company:
(1) has merged with the other entity;
(2) has been formed by reorganization of the other entity; or
(3) has acquired all or substantially all of the assets, including the name, of the other entity.
(e) If a foreign limited liability company authorized to transact business in the Virgin Islands changes its name to one that does not satisfy the requirements of section 1106 of this chapter, it may not transact business in the Virgin Islands under the name as changed until it adopts a name satisfying the requirements of section 1106 of this chapter and obtains an amended certificate of authority.