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Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

  Chapter 351back to chapter 351

  351.115.  Reservation of right to exclusive use of corporate name, time period. — 1.  The exclusive right to the use of a corporate name may be reserved by:

  (1)  Any person intending to organize a corporation under this chapter;

  (2)  Any domestic corporation intending to change its name;

  (3)  Any foreign corporation intending to make application for a certificate of authority to transact business in this state;

  (4)  Any foreign corporation authorized to transact business in this state and intending to change its name;

  (5)  Any person intending to organize a foreign corporation and intending to have such corporation make application for a certificate of authority to transact business in this state.

  2.  Such reservation shall be made by filing in the office of the secretary of state an application to reserve a specified corporate name, executed by the applicant.  If the secretary of state finds that such name is available for corporate use, he shall reserve the same for the exclusive use of such 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.

  3.  The right to the exclusive use of a specified corporate name so reserved may be transferred to any other person by filing in the office of the secretary of state a notice of such transfer, executed by the person for whom such name was reserved, and specifying the name and address of the transferee.

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(L. 1943 p. 410 § 8, A.L. 1978 S.B. 755, A.L. 2004 H.B. 1664)

(1972) Duty of secretary of state ministerial under this section and mandamus is proper remedy, telephone reservation with subsequent written application and fee not sufficient to bar written application and fee received after telephone call but before caller's written application. State ex rel. Lane v. Kirkpatrick (Mo.), 485 S.W.2d 62.


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