This text of New York § 121-103 (Reservation of partnership name) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 121-103. Reservation of partnership name.
(a)Subject to section\n121-102 of this article, the exclusive right to the use of a name may be\nreserved by:\n (1) Any person intending to organize a domestic limited partnership\nunder this article;\n (2) Any domestic limited partnership or any foreign limited\npartnership authorized to do business in this state intending to change\nits name;\n (3) Any foreign limited partnership intending to apply for authority\nto do business in this state and to adopt that name; and\n (4) Any person intending to organize a foreign limited partnership and\nintending to have it apply for authority to do business in this state.\n (b) A fictitious name for use pursuant to section 121-902 of this\narticle may be reserved by:\n (1) Any foreign limited pa
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§ 121-103. Reservation of partnership name. (a) Subject to section\n121-102 of this article, the exclusive right to the use of a name may be\nreserved by:\n (1) Any person intending to organize a domestic limited partnership\nunder this article;\n (2) Any domestic limited partnership or any foreign limited\npartnership authorized to do business in this state intending to change\nits name;\n (3) Any foreign limited partnership intending to apply for authority\nto do business in this state and to adopt that name; and\n (4) Any person intending to organize a foreign limited partnership and\nintending to have it apply for authority to do business in this state.\n (b) A fictitious name for use pursuant to section 121-902 of this\narticle may be reserved by:\n (1) Any foreign limited partnership intending to apply for authority\nto do business in this state pursuant to subdivision (a) of section\n121-902 of this article.\n (2) Any authorized foreign limited partnership intending to change its\nfictitious name under which it does business in this state.\n (3) Any authorized foreign limited partnership which has changed its\nname in its jurisdiction, such new name not being available in this\nstate.\n (c) Application to reserve a limited partnership name shall be\ndelivered to the department of state. It shall set forth the name and\naddress of the applicant, the name to be reserved, and a statement of\nthe basis for the application under subdivision (a) or (b) of this\nsection. The secretary of state may require that there be included in\nthe application a statement as to the nature of the business to be\nconducted by the limited partnership. If the name is available for\nlimited partnership use, the department of state shall reserve the name\nfor the use of the applicant for a period of sixty days and issue a\ncertificate of reservation. The restrictions and qualifications set\nforth in section 121-102 of this article are not waived by the issuance\nof a certificate of reservation. The certificate of reservation shall\ninclude the name of the applicant, the name reserved, and the date of\nreservation. The certificate of reservation (or in lieu thereof an\naffidavit by the applicant or by his or her agent or attorney that the\ncertificate of reservation has been lost or destroyed) shall accompany\nthe certificate of limited partnership or the application for authority\nwhen either 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 or his or her attorney or agent delivered to the\ndepartment of state, to be filed before expiration of the reservation\nperiod then in effect. Such request shall have attached to it the\ncertificate of reservation of name. No more than two such extensions\nshall be granted.\n