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This entry was published on 2014-09-22
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SECTION 303
Reservation of name
Business Corporation (BSC) CHAPTER 4, ARTICLE 3
§ 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 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.