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
      conduct activities 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 conduct activities in this state.
        (6)  Any  domestic  corporation  intending  to file the consent of the
      attorney general to reinstate such corporation pursuant to section  1014
      of this chapter.
        (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 conducts activities in this state.
        (3) Any authorized foreign corporation which has changed its corporate
      name in its jurisdiction, which new corporate name is not  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  the applicant to set forth in his application the nature of the
      activities 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   prohibitions,  restrictions  and
      qualifications set forth  in  section  301  (Corporate  name;  general),
      section  302 (Corporate name; exceptions) and section 404 (Approvals and
      consents)  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, together with the
      certificate of reservation, the department shall cancel the reservation.
        (f) Any application or request under this section shall be  signed  by
      the applicant, his attorney or agent.