N.Y. Not-for-Profit Corporation Law 302 – Corporate name; exceptions
§ 302. Corporate name; exceptions.
Terms Used In N.Y. Not-for-Profit Corporation Law 302
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Statute: A law passed by a legislature.
(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".