US Laws, Codes, Statutes & Cases

 
  § 303. Reservation of name.
    (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.
    (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.