2023 New York Laws › LLC - Limited Liability Company Law › Article 2 - Formation › 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.