Section 359.031

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 359

Effective - 28 Aug 2004   

  359.031.  Reservation of right to exclusive use of name. — 1.  The exclusive right to the use of a name may be reserved by:

  (1)  Any person intending to organize a limited partnership under this chapter and to adopt that name;

  (2)  Any domestic limited partnership or any foreign limited partnership registered in this state which, in either case, intends to adopt that name;

  (3)  Any foreign limited partnership intending to register in this state and adopt that name; and

  (4)  Any person intending to organize a foreign limited partnership and intending to have it register in this state and adopt that name.

  2.  The reservation shall be made by filing with the secretary of state an application, in a form prescribed by the secretary of state, executed by the applicant, to reserve a specified name.  If the secretary of state finds that the name is not registered with the secretary of state as a fictitious name pursuant to section 417.210, as a corporation name or a limited partnership name, 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 and specifying the name and address of the transferee.

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(L. 1985 H.B. 512 & 650, A.L. 2004 H.B. 1664)