2023 New York Laws › BSC - Business Corporation › Article 3 - Corporate Name and Service of Process › 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.