State Codes and Statutes

Statutes > New-york > Llc > Article-2 > 205

§ 205. Reservation of name. (a) Subject to section two hundred four of  this  article,  the exclusive right to the use of a name may be reserved  by:    (1) any person intending to form or cause the formation of a  domestic  limited liability company under this chapter;    (2)  any  domestic limited liability company or any authorized foreign  limited liability company intending to change its name;    (3) any foreign limited  liability  company  intending  to  apply  for  authority to do business in this state and to adopt that name; and    (4)  any  person intending to form a foreign limited liability company  and intending to have it apply for authority  to  do  business  in  this  state.    (b) A fictitious name for use pursuant to section eight hundred two of  this chapter may be reserved by:    (1)  any  foreign  limited  liability  company  intending to apply for  authority to do business in this state pursuant to section eight hundred  two of this chapter;    (2) any authorized foreign  limited  liability  company  intending  to  change  the  fictitious name under which it does business in this state;  and    (3) any authorized foreign limited liability company that has  changed  its  name in its jurisdiction, such new name not being available in this  state.    (c) Application to reserve a limited liability company 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 for the application under subdivision (a) or (b) of this  section.  The  secretary  of  state  may  require  that  there  be included in the  application a statement as to the nature of the business to be conducted  by the limited liability company it being sufficient  to  state,  either  alone,  or  with  other  purposes,  that  the  limited liability company  intends to  conduct  any  lawful  act  or  activity  for  which  limited  liability  companies  may be formed under this chapter, provided that it  also state that it is not intended to be formed to engage in any act  or  activity  requiring  the  consent  or  approval  of  any state official,  department, board or agency  or  other  body  without  such  consent  or  approval  first  being obtained. If the name is available for use by the  applicant for a limited liability company, 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   restrictions   and  qualifications set forth in section two hundred four of this article 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  reservation.  The  certificate  of  reservation (or in lieu thereof an affidavit by the applicant or by  his  or  her  agent  or attorney that the certificate of reservation has been  lost or destroyed) shall accompany the articles of organization  or  the  application  for authority when either is delivered to the department of  state. 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 or his or her attorney in fact or agent delivered  to  the  department  of  state  and  filed  before  expiration of the reservation  period then in effect. Such  request  shall  have  attached  to  it  the  certificate  of  reservation.  No more than two such extensions shall be  granted.    (d) Upon request of the applicant,  delivered  to  the  department  of  state before the expiration of the reserved period, the department shall  cancel the reservation.

State Codes and Statutes

Statutes > New-york > Llc > Article-2 > 205

§ 205. Reservation of name. (a) Subject to section two hundred four of  this  article,  the exclusive right to the use of a name may be reserved  by:    (1) any person intending to form or cause the formation of a  domestic  limited liability company under this chapter;    (2)  any  domestic limited liability company or any authorized foreign  limited liability company intending to change its name;    (3) any foreign limited  liability  company  intending  to  apply  for  authority to do business in this state and to adopt that name; and    (4)  any  person intending to form a foreign limited liability company  and intending to have it apply for authority  to  do  business  in  this  state.    (b) A fictitious name for use pursuant to section eight hundred two of  this chapter may be reserved by:    (1)  any  foreign  limited  liability  company  intending to apply for  authority to do business in this state pursuant to section eight hundred  two of this chapter;    (2) any authorized foreign  limited  liability  company  intending  to  change  the  fictitious name under which it does business in this state;  and    (3) any authorized foreign limited liability company that has  changed  its  name in its jurisdiction, such new name not being available in this  state.    (c) Application to reserve a limited liability company 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 for the application under subdivision (a) or (b) of this  section.  The  secretary  of  state  may  require  that  there  be included in the  application a statement as to the nature of the business to be conducted  by the limited liability company it being sufficient  to  state,  either  alone,  or  with  other  purposes,  that  the  limited liability company  intends to  conduct  any  lawful  act  or  activity  for  which  limited  liability  companies  may be formed under this chapter, provided that it  also state that it is not intended to be formed to engage in any act  or  activity  requiring  the  consent  or  approval  of  any state official,  department, board or agency  or  other  body  without  such  consent  or  approval  first  being obtained. If the name is available for use by the  applicant for a limited liability company, 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   restrictions   and  qualifications set forth in section two hundred four of this article 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  reservation.  The  certificate  of  reservation (or in lieu thereof an affidavit by the applicant or by  his  or  her  agent  or attorney that the certificate of reservation has been  lost or destroyed) shall accompany the articles of organization  or  the  application  for authority when either is delivered to the department of  state. 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 or his or her attorney in fact or agent delivered  to  the  department  of  state  and  filed  before  expiration of the reservation  period then in effect. Such  request  shall  have  attached  to  it  the  certificate  of  reservation.  No more than two such extensions shall be  granted.    (d) Upon request of the applicant,  delivered  to  the  department  of  state before the expiration of the reserved period, the department shall  cancel the reservation.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Llc > Article-2 > 205

§ 205. Reservation of name. (a) Subject to section two hundred four of  this  article,  the exclusive right to the use of a name may be reserved  by:    (1) any person intending to form or cause the formation of a  domestic  limited liability company under this chapter;    (2)  any  domestic limited liability company or any authorized foreign  limited liability company intending to change its name;    (3) any foreign limited  liability  company  intending  to  apply  for  authority to do business in this state and to adopt that name; and    (4)  any  person intending to form a foreign limited liability company  and intending to have it apply for authority  to  do  business  in  this  state.    (b) A fictitious name for use pursuant to section eight hundred two of  this chapter may be reserved by:    (1)  any  foreign  limited  liability  company  intending to apply for  authority to do business in this state pursuant to section eight hundred  two of this chapter;    (2) any authorized foreign  limited  liability  company  intending  to  change  the  fictitious name under which it does business in this state;  and    (3) any authorized foreign limited liability company that has  changed  its  name in its jurisdiction, such new name not being available in this  state.    (c) Application to reserve a limited liability company 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 for the application under subdivision (a) or (b) of this  section.  The  secretary  of  state  may  require  that  there  be included in the  application a statement as to the nature of the business to be conducted  by the limited liability company it being sufficient  to  state,  either  alone,  or  with  other  purposes,  that  the  limited liability company  intends to  conduct  any  lawful  act  or  activity  for  which  limited  liability  companies  may be formed under this chapter, provided that it  also state that it is not intended to be formed to engage in any act  or  activity  requiring  the  consent  or  approval  of  any state official,  department, board or agency  or  other  body  without  such  consent  or  approval  first  being obtained. If the name is available for use by the  applicant for a limited liability company, 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   restrictions   and  qualifications set forth in section two hundred four of this article 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  reservation.  The  certificate  of  reservation (or in lieu thereof an affidavit by the applicant or by  his  or  her  agent  or attorney that the certificate of reservation has been  lost or destroyed) shall accompany the articles of organization  or  the  application  for authority when either is delivered to the department of  state. 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 or his or her attorney in fact or agent delivered  to  the  department  of  state  and  filed  before  expiration of the reservation  period then in effect. Such  request  shall  have  attached  to  it  the  certificate  of  reservation.  No more than two such extensions shall be  granted.    (d) Upon request of the applicant,  delivered  to  the  department  of  state before the expiration of the reserved period, the department shall  cancel the reservation.

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