§ 5304. Required name changes by senior corporations. (a) Adoption of new name upon reactivation.--Where a corporate name is made available on the basis that the corporation or other association that formerly registered the name has failed to file with the Department of Revenue a report or a return required by law or where the corporation or other association has filed with the Department of Revenue a certificate of out of existence, the corporation or other association shall cease to have by virtue of its prior registration any right to the use of the name. The corporation or other association, upon withdrawal of the certificate of out of existence or upon the removal of its delinquency in the filing of the required reports or returns, shall make inquiry with the Department of State with regard to the availability of its name and, if the name has been made available to another domestic or foreign corporation for profit or not-for-profit or other association by virtue of these conditions, shall adopt a new name in accordance with law before resuming its activities. (b) Enforcement of undertaking to release name.--If a corporation has used a name that is not distinguishable upon the records of the Department of State from the name of another corporation or other association as permitted by section 5303(b)(1) (relating to duplicate use of names) and the other corporation or other association continues to use its name in this Commonwealth and does not change its name, cease to do business, be wound up, or withdraw as it proposed to do in its consent or change its name as required by subsection (a), any court having jurisdiction may enjoin the other corporation or other association from continuing to use its name or a name that is not distinguishable therefrom, upon the application of: (1) the Attorney General, acting on his own motion or at the instance of any administrative department, board or commission of this Commonwealth; or (2) upon the application of any person adversely affected. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; June 22, 2001, P.L.418, No.34, eff. 60 days) Cross References. Section 5304 is referred to in section 5341 of this title.

§ 5304. Required name changes by senior corporations. (a) Adoption of new name upon reactivation.--Where a corporate name is made available on the basis that the corporation or other association that formerly registered the name has failed to file with the Department of Revenue a report or a return required by law or where the corporation or other association has filed with the Department of Revenue a certificate of out of existence, the corporation or other association shall cease to have by virtue of its prior registration any right to the use of the name. The corporation or other association, upon withdrawal of the certificate of out of existence or upon the removal of its delinquency in the filing of the required reports or returns, shall make inquiry with the Department of State with regard to the availability of its name and, if the name has been made available to another domestic or foreign corporation for profit or not-for-profit or other association by virtue of these conditions, shall adopt a new name in accordance with law before resuming its activities. (b) Enforcement of undertaking to release name.--If a corporation has used a name that is not distinguishable upon the records of the Department of State from the name of another corporation or other association as permitted by section 5303(b)(1) (relating to duplicate use of names) and the other corporation or other association continues to use its name in this Commonwealth and does not change its name, cease to do business, be wound up, or withdraw as it proposed to do in its consent or change its name as required by subsection (a), any court having jurisdiction may enjoin the other corporation or other association from continuing to use its name or a name that is not distinguishable therefrom, upon the application of: (1) the Attorney General, acting on his own motion or at the instance of any administrative department, board or commission of this Commonwealth; or (2) upon the application of any person adversely affected. (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; June 22, 2001, P.L.418, No.34, eff. 60 days) Cross References. Section 5304 is referred to in section 5341 of this title.