351.115. Reservation of right to exclusive use of corporate name, time period. - Missouri Statutes

Reservation of right to exclusive use of corporate name, timeperiod.

351.115. 1. The exclusive right to the use of a corporate name maybe reserved by:

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

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

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

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

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

2. Such reservation shall be made by filing in the office of thesecretary of state an application to reserve a specified corporate name,executed by the applicant. If the secretary of state finds that such nameis available for corporate use, he shall reserve the same for the exclusiveuse of such applicant for a period of sixty days. A name reservation shallnot exceed a period of one hundred eighty days from the date of the firstname reservation application. Upon the one hundred eighty-first day thename shall cease reserve status and shall not be placed back in suchstatus.

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

(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.