§ 303 — Reservation of name

§ 303. Reservation of name.\n (a) A corporate name may be reserved by:\n (1) Any person intending to form a domestic corporation.\n (2) Any domestic corporation intending to change its name.\n (3) Any foreign corporation intending to apply for authority to do\nbusiness in this state.\n (4) Any authorized foreign corporation intending to change its name.\n (5) Any person intending to incorporate a foreign corporation and to\nhave it apply for authority to do business in this state.\n (b) A fictitious name for use pursuant to section 1301 of this\nchapter, may be reserved by:\n (1) Any foreign corporation intending to apply for authority to do\nbusiness in this state, pursuant to paragraph (d) of section 1301 of\nthis chapter.\n (2) Any authorized foreign corporation intending to change its\nfictitious name under which it does business in this state.\n (3) Any authorized foreign corporation which has changed its corporate\nname in its jurisdiction, such new corporate name not being available in\nthis state.\n (c) Application to reserve a corporate name shall be delivered to the\ndepartment of state. It shall set forth the name and address of the\napplicant, the name to be reserved and a statement of the basis under\nparagraph (a) or (b) for the application. The secretary of state may\nrequire that there be included in the application a statement as to the\nnature of the business to be conducted by the corporation. If the name\nis available for corporate use, the department of state shall reserve\nthe name for the use of the applicant for a period of sixty days and\nissue a certificate of reservation. The restrictions and qualifications\nset forth in subparagraphs (a) (3), (4), (5), (6) and (7) of section 301\n(Corporate name; general) are not waived by the issuance of a\ncertificate of reservation. The certificate of reservation shall include\nthe name of the applicant, the name reserved and the date of the\nreservation. The certificate of reservation (or in lieu thereof an\naffidavit by the applicant or by his agent or attorney that the\ncertificate of reservation has been lost or destroyed) shall accompany\nthe certificate of incorporation or the application for authority when\neither is delivered to the department of state.\n (d) The secretary of state may extend the reservation for additional\nperiods of not more than sixty days each, upon the written request of\nthe applicant, his attorney or agent delivered to the department of\nstate, to be filed before the expiration of the reservation period then\nin effect. Such request shall have attached to it the certificate of\nreservation of name. Not more than two such extensions shall be granted.\n (e) Upon the request of the applicant, delivered to the department of\nstate before the expiration of the reserved period, the department shall\ncancel the reservation.\n (f) Any application or request under this section shall be signed by\nthe applicant, his attorney or agent.\n (g) Upon the receipt of an application to reserve a corporate name by\nthe department of state pursuant to this section, the department shall\nconfirm such receipt by mail or email to the applicant at the address or\nemail address set forth in such application. In addition, the department\nshall include, but not be limited to including, the following\ninformation in such mailing or email:\n (1) contact information, including, but not limited to website,\naddress and telephone number, of the New York state small business\ndevelopment center serving their region;\n (2) contact information, including, but not limited to website,\naddress and telephone number, of the New York state entrepreneurship\nassistance center serving their region;\n (3) contact information, including, but not limited to the website,\naddress and telephone number of business mentor NY; and\n (4) contact information, including, but not limited to website,\naddress and telephone number, of empire state development. Information\nregarding empire state development shall include direction to resources\navailable on such website to support and assist new businesses.\n