Section 358.460

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 358

Effective - 28 Aug 2004   

  358.460.  Reservation of exclusive right to use of a name, procedure to reserve, time period — fee — transfer of name permitted — cancellation, procedure, fee. — 1.  The exclusive right to the use of a name of a registered limited liability partnership or foreign registered limited liability partnership may be reserved by:

  (1)  Any person intending to become a registered limited liability partnership or foreign registered limited liability partnership under this chapter and to adopt that name; and

  (2)  Any registered limited liability partnership or foreign registered limited liability partnership which proposes to change its name.

  2.  The reservation of a specified name shall be made by filing with the secretary of state an application, executed by the applicant, specifying the name to be reserved and the name and address of the applicant.  If the secretary of state finds that the name is available for use by a registered limited liability partnership or foreign registered limited liability partnership, the secretary of state shall reserve the name for the exclusive use of the applicant for a period of sixty days.  A name reservation shall not exceed a period of one hundred eighty days from the date of the first name reservation application.  Upon the one hundred eighty-first day the name shall cease reserve status and shall not be placed back in such status.  The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the secretary of state a notice of the transfer, executed by the applicant for whom the name was reserved, specifying the name to be transferred and the name and address of the transferee.  The reservation of a specified name may be cancelled by filing with the secretary of state a notice of cancellation, executed by the applicant or transferee, specifying the name reservation to be cancelled and the name and address of the applicant or transferee.

  3.  A fee in the amount of twenty-five dollars shall be paid to the secretary of state upon receipt for filing of an application for reservation of name, an application for renewal of reservation or a notice of transfer or cancellation pursuant to this section.  All moneys from the payment of this fee shall be deposited into the general revenue fund.

­­--------

(L. 1995 H.B. 558, A.L. 2004 H.B. 1664)