§ 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\nconduct activities 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 conduct activities in this state.\n (6) Any domestic corporation intending to file the consent of the\nattorney general to reinstate such corporation pursuant to section 1014\nof this chapter.\n (b) A fictitious name for use pursuant to section 1301 of this chapter\nmay 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 conducts activities in this state.\n (3) Any authorized foreign corporation which has changed its corporate\nname in its jurisdiction, which new corporate name is not 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 the applicant to set forth in his application the nature of the\nactivities to be conducted by the corporation. If the name is available\nfor corporate use, the department of state shall reserve the name for\nthe use of the applicant for a period of sixty days and issue a\ncertificate of reservation. The prohibitions, restrictions and\nqualifications set forth in section 301 (Corporate name; general),\nsection 302 (Corporate name; exceptions) and section 404 (Approvals,\nnotices and consents) are not waived by the issuance of a certificate of\nreservation. The certificate of reservation shall include the name of\nthe applicant, the name reserved and the date of the reservation. The\ncertificate of reservation (or in lieu thereof an affidavit by the\napplicant or by his agent or attorney that the certificate of\nreservation has been lost or destroyed) shall accompany the certificate\nof incorporation or the application for authority when either is\ndelivered 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, together with the\ncertificate of reservation, the department shall cancel the reservation.\n (f) Any application or request under this section shall be signed by\nthe applicant, his attorney or agent.\n