§ 6123. Requirements for foreign corporation names. (a) General rule.--The Department of State shall not issue a certificate of authority to any foreign nonprofit corporation that, except as provided in subsection (b), has a name that is rendered unavailable for use by a domestic nonprofit corporation by any provision of section 5303(a), (b) or (c) (relating to corporate name). (b) Exceptions.-- (1) The provisions of section 5303(b) (relating to duplicate use of names) shall not prevent the issuance of a certificate of authority to a foreign nonprofit corporation setting forth a name that is confusingly similar to the name of any other domestic or foreign corporation for profit or corporation not-for-profit, or of any domestic or foreign limited partnership that has filed a certificate or qualified under Chapter 85 (relating to limited partnerships) or corresponding provisions of prior law, or of any corporation or other association then registered under 54 Pa.C.S. Ch. 5 (relating to corporate and other association names) or to any name reserved or registered as provided in this part, if the foreign nonprofit corporation applying for a certificate of authority files in the department one of the following: (i) A resolution of its board of directors or other body adopting a fictitious name for use in transacting business in this Commonwealth which fictitious name is not confusingly similar to the name of the other corporation or other association or to any name reserved or registered as provided in this part and that is otherwise available for use by a domestic nonprofit corporation. (ii) The written consent of the other corporation or other association or holder of a reserved or registered name to use the same or confusingly similar name and one or more words are added to make the name applied for distinguishable from the other name. (2) The provisions of section 5303(c) (relating to required approvals or conditions) shall not prevent the issuance of a certificate of authority to a foreign nonprofit corporation setting forth a name that is prohibited by that subsection if the foreign nonprofit corporation applying for a certificate of authority files in the department a resolution of its board of directors adopting a fictitious name for use in transacting business in this Commonwealth that is available for use by a domestic nonprofit corporation. (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 19, 1990, P.L.834, No.198, eff. imd.) 1990 Amendment. Act 198 reenacted and amended the entire section. Cross References. Section 6123 is referred to in sections 6126, 6131 of this title.

§ 6123. Requirements for foreign corporation names. (a) General rule.--The Department of State shall not issue a certificate of authority to any foreign nonprofit corporation that, except as provided in subsection (b), has a name that is rendered unavailable for use by a domestic nonprofit corporation by any provision of section 5303(a), (b) or (c) (relating to corporate name). (b) Exceptions.-- (1) The provisions of section 5303(b) (relating to duplicate use of names) shall not prevent the issuance of a certificate of authority to a foreign nonprofit corporation setting forth a name that is confusingly similar to the name of any other domestic or foreign corporation for profit or corporation not-for-profit, or of any domestic or foreign limited partnership that has filed a certificate or qualified under Chapter 85 (relating to limited partnerships) or corresponding provisions of prior law, or of any corporation or other association then registered under 54 Pa.C.S. Ch. 5 (relating to corporate and other association names) or to any name reserved or registered as provided in this part, if the foreign nonprofit corporation applying for a certificate of authority files in the department one of the following: (i) A resolution of its board of directors or other body adopting a fictitious name for use in transacting business in this Commonwealth which fictitious name is not confusingly similar to the name of the other corporation or other association or to any name reserved or registered as provided in this part and that is otherwise available for use by a domestic nonprofit corporation. (ii) The written consent of the other corporation or other association or holder of a reserved or registered name to use the same or confusingly similar name and one or more words are added to make the name applied for distinguishable from the other name. (2) The provisions of section 5303(c) (relating to required approvals or conditions) shall not prevent the issuance of a certificate of authority to a foreign nonprofit corporation setting forth a name that is prohibited by that subsection if the foreign nonprofit corporation applying for a certificate of authority files in the department a resolution of its board of directors adopting a fictitious name for use in transacting business in this Commonwealth that is available for use by a domestic nonprofit corporation. (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 19, 1990, P.L.834, No.198, eff. imd.) 1990 Amendment. Act 198 reenacted and amended the entire section. Cross References. Section 6123 is referred to in sections 6126, 6131 of this title.