State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_55D > GS_55D-23

§ 55D‑23.  Reservedname.

(a)        A person mayreserve the exclusive use of a name for an entity, including a fictitious namefor a foreign corporation, foreign nonprofit corporation, foreign limitedliability company, foreign limited partnership, or foreign limited liabilitypartnership whose name is not available, by filing an application with theSecretary of State. The application must set forth the name and address of theapplicant and the name proposed to be reserved. If the Secretary of State findsthat the name applied for is available, the Secretary of State shall reservethe name for the applicant's exclusive use for a nonrenewable 120‑dayperiod.

(b)        The owner of areserved name may transfer the reservation to another person by filing with theSecretary of State a signed notice of the transfer that states the name andaddress of the transferee.

(c)        Any personacquiring the goodwill of a domestic corporation, nonprofit corporation,limited liability company, limited partnership, or registered limited liabilitypartnership, or of a foreign corporation, foreign nonprofit corporation,foreign limited liability company, or foreign limited partnership authorized totransact business or conduct affairs in this State, or of a foreign limitedliability partnership maintaining a statement of foreign registration in thisState may, on furnishing the Secretary of State satisfactory evidence of suchacquisition, reserve for 10 years the exclusive right to any name that becameavailable as a result of the acquisition. (1901, c. 2, s. 8; 1903, c. 453; Rev., s. 1137; 1913,c. 5, s. 1; C.S., s. 1114; 1935, cc. 166, 320; 1939, c. 222; G.S., s. 55‑2;1955, c. 1371, s. 1; 1959, c. 1316, s. 28; 1969, c. 751, ss. 4‑6; 1973,c. 469, s. 45.3; 1989, c. 265, s. 1; 2001‑358, ss. 14(b), 15; 2001‑387,ss. 173, 175(a); 2001‑413, s. 6.)