Section 121-103. Reservation of partnership name  


Latest version.
  • (a) Subject to section
      121-102 of this article, the exclusive right to the use of a name may be
      reserved by:
        (1) Any person intending to organize a  domestic  limited  partnership
      under this article;
        (2)   Any   domestic   limited  partnership  or  any  foreign  limited
      partnership authorized to do business in this state intending to  change
      its name;
        (3)  Any  foreign limited partnership intending to apply for authority
      to do business in this state and to adopt that name; and
        (4) Any person intending to organize a foreign limited partnership and
      intending to have it apply for authority to do business in this state.
        (b) A fictitious name for use pursuant  to  section  121-902  of  this
      article may be reserved by:
        (1)  Any  foreign limited partnership intending to apply for authority
      to do business in this state pursuant  to  subdivision  (a)  of  section
      121-902 of this article.
        (2) Any authorized foreign limited partnership intending to change its
      fictitious name under which it does business in this state.
        (3)  Any  authorized foreign limited partnership which has changed its
      name in its jurisdiction, such new name  not  being  available  in  this
      state.
        (c)  Application  to  reserve  a  limited  partnership  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 for the application under  subdivision  (a)  or  (b)  of  this
      section.  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  limited  partnership.  If  the name is available for
      limited partnership 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 section 121-102 of this article 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
      reservation. The certificate of  reservation  (or  in  lieu  thereof  an
      affidavit  by  the applicant or by his or her agent or attorney that the
      certificate of reservation has been lost or destroyed)  shall  accompany
      the  certificate of limited partnership 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  or  his  or  her  attorney  or  agent  delivered  to  the
      department  of  state,  to be filed before expiration of the reservation
      period then in effect. Such  request  shall  have  attached  to  it  the
      certificate  of  reservation  of  name. No more than two such extensions
      shall be granted.