Section 303. Reservation of name  


Latest version.
  • (a) A corporate name may be reserved by:
        (1) Any person intending to form a domestic corporation.
        (2) Any domestic corporation intending to change its name.
        (3)  Any  foreign  corporation  intending to apply for authority to do
      business in this state.
        (4) Any authorized foreign corporation intending to change its name.
        (5) Any person intending to incorporate a foreign corporation  and  to
      have it apply for authority to do business in this state.
        (b)  A  fictitious  name  for  use  pursuant  to  section 1301 of this
      chapter, may be reserved by:
        (1) Any foreign corporation intending to apply  for  authority  to  do
      business  in  this  state,  pursuant to paragraph (d) of section 1301 of
      this chapter.
        (2)  Any  authorized  foreign  corporation  intending  to  change  its
      fictitious name under which it does business in this state.
        (3) Any authorized foreign corporation which has changed its corporate
      name in its jurisdiction, such new corporate name not being available in
      this state.
        (c)  Application to reserve a corporate name shall be delivered to the
      department of state. It shall set forth the  name  and  address  of  the
      applicant,  the  name  to be reserved and a statement of the basis under
      paragraph (a) or (b) for the application. The  secretary  of  state  may
      require  that there be included in the application a statement as to the
      nature of the business to be conducted by the corporation. If  the  name
      is  available  for  corporate use, the department of state shall reserve
      the name for the use of the applicant for a period  of  sixty  days  and
      issue  a certificate of reservation. The restrictions and qualifications
      set forth in subparagraphs (a) (3), (4), (5), (6) and (7) of section 301
      (Corporate  name;  general)  are  not  waived  by  the  issuance  of   a
      certificate of reservation. The certificate of reservation shall include
      the  name  of  the  applicant,  the  name  reserved  and the date of the
      reservation. The certificate of  reservation  (or  in  lieu  thereof  an
      affidavit  by  the  applicant  or  by  his  agent  or  attorney that the
      certificate of reservation has been lost or destroyed)  shall  accompany
      the  certificate  of incorporation or the application for authority when
      either is delivered to the department of state.
        (d) The secretary of state may extend the reservation  for  additional
      periods  of  not  more than sixty days each, upon the written request of
      the applicant, his attorney or agent  delivered  to  the  department  of
      state,  to be filed before the expiration of the reservation period then
      in effect. Such request shall have attached to  it  the  certificate  of
      reservation of name. Not more than two such extensions shall be granted.
        (e)  Upon the request of the applicant, delivered to the department of
      state before the expiration of the reserved period, the department shall
      cancel the reservation.
        (f) Any application or request under this section shall be  signed  by
      the applicant, his attorney or agent.