2023 New York Laws › BSC - Business Corporation › Article 3 - Corporate Name and Service of Process › 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;  provided,  however,  that  any
corporation organized or qualified to do business in  this  state  under
this  chapter  which  contains in its name any of the following words or
phrases or any abbreviation or derivation thereof, "community  renewal",
"tenant  relocation",  "urban  development" or "urban relocation", shall
plainly and legibly state immediately following its name in any  writing
issued  or  authorized  to  be issued by it upon which its name appears,
including,  but  not  limited  to,  advertising  material   letterheads,
business  cards  and  building  directories and signs, the phrase "not a
governmental agency".
(2) Shall not prevent a corporation with which another corporation  is
merged, or which is formed by the reorganization or consolidation of one
or  more  other  corporations  or  upon a sale, lease, exchange or other
disposition to a domestic corporation of all or  substantially  all  the
assets  of another domestic corporation, including its name, as provided
in paragraph  (b)  of  Section  909  (Sale,  lease,  exchange  or  other
disposition  of  assets),  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  type
or  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  engaged in business as a corporation under its said name
for not less than ten consecutive years immediately prior to the date of
its application that the business to be conducted in this state  is  not
the same as or similar to the business 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".
(4) Shall not prevent a "small  business  investment  corporation"  as
defined in an act of congress entitled "Small Business Investment Act of
1958"  from  including the word "investment" as part of its name if such
word is coupled with the words "small business".
(5) Shall not prevent an "investment company" as defined in an act  of
congress  entitled  "Investment  Company Act of 1940" from including the
word "finance" or "bond" as part of its name, if  the  approval  of  the
superintendent  of  financial services is attached to the certificate of
incorporation, application for authority, or amendment thereof.
(6) Shall not prevent a broker or dealer in securities, as defined  in
an  act  of  congress  entitled  "Securities Exchange Act of 1934", from
including the word "investment" as part of its  name  if  such  word  is
coupled  with  the  words  "broker"  or  "brokers" and if such broker or
dealer is registered with the securities and exchange  commission  under
the  provisions  of  section  fifteen  of the securities exchange act of
nineteen hundred thirty-four and is also registered  with  the  attorney
general  under  the  provisions of section three hundred fifty-nine-e of
the general business law.
(7) Shall not prevent an  association  of  banks  or  trust  companies
organized  as  a  non-profit membership corporation for the promotion of
the interests of member banks from including the word "bankers" as  part
of its corporate name.
(8)  Shall  not  prevent  a  bank  holding  company,  as long as it is
required to be registered under article III-A  of  the  banking  law  or
under  the federal Bank Holding Company Act, as each may be amended from
time to time, from using the words "bank", "banker" or "trusts"  or  any
abbreviation, derivative or combination thereof as part of its corporate
name,  if  the  approval  of the superintendent of financial services is
attached to the certificate of incorporation, application for authority,
or amendment thereof.