N.Y. Business Corporation Law § 303: Reservation of name

§ 303. Reservation of name.

(a) A corporate name may be reserved by:

(1) Any person intending to form a domestic corporation.

(2) Any domestic corporation intending to change its name.

(3) Any foreign corporation intending to apply for authority to do

business in this state.

(4) Any authorized foreign corporation intending to change its name.

(5) Any person intending to incorporate a foreign corporation and to

have it apply for authority to do business in this state.

(b) A fictitious name for use pursuant to section 1301 of this

chapter, may be reserved by:

(1) Any foreign corporation intending to apply for authority to do

business in this state, pursuant to paragraph (d) of section 1301 of

this chapter.

(2) Any authorized foreign corporation intending to change its

fictitious name under which it does business in this state.

(3) Any authorized foreign corporation which has changed its corporate

name in its jurisdiction, such new corporate name not being available in

this state.

(c) Application to reserve a corporate 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 under

paragraph (a) or (b) for the application. 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 corporation. If the name

is available for corporate use, 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 subparagraphs (a) (3), (4), (5), (6) and (7) of section 301

(Corporate name; general) 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 the

reservation. The certificate of reservation (or in lieu thereof an

affidavit by the applicant or by his agent or attorney that the

certificate of reservation has been lost or destroyed) shall accompany

the certificate of incorporation or the application for authority when

either is delivered to the department of state.

(d) 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, his attorney or agent delivered to the department of

state, to be filed before the expiration of the reservation period then

in effect. Such request shall have attached to it the certificate of

reservation of name. Not more than two such extensions shall be granted.

(e) Upon the request of the applicant, delivered to the department of

state before the expiration of the reserved period, the department shall

cancel the reservation.

(f) Any application or request under this section shall be signed by

the applicant, his attorney or agent.

(g) Upon the receipt of an application to reserve a corporate name by

the department of state pursuant to this section, the department shall

confirm such receipt by mail or email to the applicant at the address or

email address set forth in such application. In addition, the department

shall include, but not be limited to including, the following

information in such mailing or email:

(1) contact information, including, but not limited to website,

address and telephone number, of the New York state small business

development center serving their region;

(2) contact information, including, but not limited to website,

address and telephone number, of the New York state entrepreneurship

assistance center serving their region;

(3) contact information, including, but not limited to the website,

address and telephone number of business mentor NY; and

(4) contact information, including, but not limited to website,

address and telephone number, of empire state development. Information

regarding empire state development shall include direction to resources

available on such website to support and assist new businesses.