N.Y. Limited Liability Company Law § 205: Reservation of name

§ 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.

(e) Upon the receipt of an application to reserve a limited liability

company 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.