New York § 303 - 303Reservation of name

§ 303. 303Reservation of name

§ 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.