N.Y. LLC Law § 205 — New York Code / Act LLC / Article 2 / Section 205
Reservation of name
Status: in_force

§ 205. Reservation of name. (a) Subject to section two hundred four of\nthis article, the exclusive right to the use of a name may be reserved\nby:\n  (1) any person intending to form or cause the formation of a domestic\nlimited liability company under this chapter;\n  (2) any domestic limited liability company or any authorized foreign\nlimited liability company intending to change its name;\n  (3) any foreign limited liability company intending to apply for\nauthority to do business in this state and to adopt that name; and\n  (4) any person intending to form a foreign limited liability company\nand intending to have it apply for authority to do business in this\nstate.\n  (b) A fictitious name for use pursuant to section eight hundred two of\nthis chapter may be reserved by:\n  (1) any foreign limited liability company intending to apply for\nauthority to do business in this state pursuant to section eight hundred\ntwo of this chapter;\n  (2) any authorized foreign limited liability company intending to\nchange the fictitious name under which it does business in this state;\nand\n  (3) any authorized foreign limited liability company that has changed\nits name in its jurisdiction, such new name not being available in this\nstate.\n  (c) Application to reserve a limited liability company name shall be\ndelivered to the department of state. It shall set forth the name and\naddress of the applicant, the name to be reserved and a statement of the\nbasis for the application under subdivision (a) or (b) of this section.\nThe secretary of state may require that there be included in the\napplication a statement as to the nature of the business to be conducted\nby the limited liability company it being sufficient to state, either\nalone, or with other purposes, that the limited liability company\nintends to conduct any lawful act or activity for which limited\nliability companies may be formed under this chapter, provided that it\nalso state that it is not intended to be formed to engage in any act or\nactivity requiring the consent or approval of any state official,\ndepartment, board or agency or other body without such consent or\napproval first being obtained. If the name is available for use by the\napplicant for a limited liability company, the department of state shall\nreserve the name for the use of the applicant for a period of sixty days\nand issue a certificate of reservation. The restrictions and\nqualifications set forth in section two hundred four of this article are\nnot waived by the issuance of a certificate of reservation. The\ncertificate of reservation shall include the name of the applicant, the\nname reserved and the date of reservation. The certificate of\nreservation (or in lieu thereof an affidavit by the applicant or by his\nor her agent or attorney that the certificate of reservation has been\nlost or destroyed) shall accompany the articles of organization or the\napplication for authority when either is delivered to the department of\nstate. The secretary of state may extend the reservation for additional\nperiods of not more than sixty days each, upon the written request of\nthe applicant or his or her attorney in fact or agent delivered to the\ndepartment of state and filed before expiration of the reservation\nperiod then in effect. Such request shall have attached to it the\ncertificate of reservation. No more than two such extensions shall be\ngranted.\n  (d) Upon request of the applicant, delivered to the department of\nstate before the expiration of the reserved period, the department shall\ncancel the reservation.\n  (e) Upon the receipt of an application to reserve a limited liability\ncompany name by the department of state pursuant to this section, the\ndepartment shall confirm such receipt by mail or email to the applicant\nat the address or email address set forth in such application. In\naddition, the department shall include, but not be limited to including,\nthe following information in such mailing or email:\n  (1) contact information, including, but not limited to website,\naddress and telephone number, of the New York state small business\ndevelopment center serving their region;\n  (2) contact information, including, but not limited to website,\naddress and telephone number, of the New York state entrepreneurship\nassistance center serving their region;\n  (3) contact information, including, but not limited to the website,\naddress and telephone number of business mentor NY; and\n  (4) contact information, including, but not limited to website,\naddress and telephone number, of empire state development. Information\nregarding empire state development shall include direction to resources\navailable on such website to support and assist new businesses.\n