N.Y. Not-for-Profit Corporation Law § 302: Corporate name; exceptions

§ 302. Corporate name; exceptions.

(a) Any reference to a corporation in this section except as otherwise

provided herein shall include both domestic and foreign corporations.

(b) The provisions of section 301 (Corporate name; general):

(1) Shall not require any corporation, existing or authorized under

any statute on the effective date of this chapter, to add to, modify or

otherwise change its corporate name.

(2) Shall not prevent a corporation with which another corporation is

merged, or which is formed by the consolidation of one or more other

corporations from having the same name as any of such corporations if at

the time such other corporation was authorized or existing under any

statute of this state.

(3) Shall not prevent a foreign corporation from being authorized

under a name which is similar to the name of a corporation of any kind

existing or authorized under any statute, if the department of state

finds, upon proof by affidavit or otherwise as it may determine, that a

difference between such names exists in the terms or abbreviations

indicating corporate character or otherwise, that the applicant has

conducted activities as a corporation under its said name for not less

than ten consecutive years immediately prior to the date of its

application, that the activities to be conducted in this state are not

the same or similar to the business or activities conducted by the

corporation with whose name it may conflict and that the public is not

likely to be confused or deceived, and if the applicant shall agree in

its application for authority to use with its corporate name, in this

state, to be placed immediately under or following such name, the words

"a ..... (name of jurisdiction of incorporation) corporation".