2006 New York Code - Reservation Of Partnership Name.



 
    §  121-103.  Reservation  of partnership name.  (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.

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