A title is not rendered unmarketable solely because the name of an entity appearing in a recorded instrument varies from (i) the entity name appearing in other instruments in the chain of title or (ii) the entity name reflected in the entity’s organizational or authority filings, so long as the variation is not inconsistent with the entity’s legal identity and is not likely to raise reasonable doubt as to the identity of the entity party.
COMMENT 1. Variations that may be treated as immaterial include differences in punctuation, spacing, capitalization, and the use, omission, or common abbreviation of entity designators, or generic words where such abbreviations are customary or authorized by law (e.g., Company/Co.; Incorporated/Inc.; Corporation/Corp.; Limited/Ltd.; LLC/L.L.C./LC; Limited Partnership/L.P.; Limited Liability Partnership/LLP).
COMMENT 2. If the variation involves (a) a change in the name, (b) a change in entity type, (c) use of a trade/assumed name, or (d) circumstances creating doubt as to identity, the examiner should require additional evidence establishing the entity’s identity and authority, which may include filed organizational documents, notarized incumbency certificates, confirmatory instrument, affidavit of identity, or recorded certificate of name change/merger where applicable.
COMMENT 3. Where the variance reflects an actual change in name or status (including merger or consolidation), the examiner should confirm that appropriate evidence of the change is recorded or otherwise established, including use of a certificate as contemplated by 27 V.S.A. § 350.
COMMENT 4. This Standard shall not expand the scope of the examining attorney’s duty to include the search of every variation of a name.
History
September 2026: Standard Added
