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This entry was published on 2014-09-22
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SECTION 303
Reservation of name
Not-for-Profit Corporation (NPC) CHAPTER 35, 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
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,
notices 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.