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2015 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 13.1-631, 13.1-830, 13.1-1013, 13.1-1215, and 50-73.3 of the Code of Virginia are amended and reenacted as follows:
§ 13.1-631. Reserved name.
A. A person may apply to the Commission to reserve the
exclusive use of a corporate name, including a designated name for a foreign
corporation whose corporate name is not available. The corporate name
applied for need not comply with subsection A of § 13.1-630. If the
Commission finds that the corporate name applied for is available
distinguishable upon the records of the Commission, it shall reserve the
name for the applicant's exclusive use for a 120-day period.
B. The owner of a reserved corporate name may renew the reservation for successive periods of 120 days each by filing with the Commission, during the 45-day period preceding the date of expiration of the reservation, a renewal application.
C. The owner of a reserved corporate name may transfer the
reservation to another person by delivering to the Commission a notice of the
transfer, executed signed by the applicant for whom the name was
reserved, and specifying the name and address of the transferee.
D. A reserved corporate name may be used by its owner in connection with (i) the formation or an amendment to change the name of a domestic stock or nonstock corporation, limited liability company, business trust, or limited partnership; (ii) an application for a certificate of authority or registration to transact business in the Commonwealth as a foreign stock or nonstock corporation, limited liability company, business trust, or limited partnership; or (iii) an amended application for such authority or registration, provided that the proposed name complies with the provisions of § 13.1-630, 13.1-762, 13.1-829, 13.1-924, 13.1-1012, 13.1-1054, 13.1-1214, 13.1-1244, 50-73.2, or 50-73.56, as the case may be.
§ 13.1-830. Reserved name.
A. A person may apply to the Commission to reserve the
exclusive use of a corporate name, including a designated name for a foreign
corporation whose corporate name is not available. If the Commission
finds that the corporate name applied for is available
distinguishable upon the records of the Commission, it shall reserve the
name for the applicant's exclusive use for a 120-day period.
B. The owner of a reserved corporate name may renew the reservation for successive periods of 120 days each by filing with the Commission, during the 45-day period preceding the date of expiration of the reservation, a renewal application.
C. The owner of a reserved corporate name may transfer the
reservation to another person by delivering to the Commission a notice of the
transfer, executed signed by the applicant for whom the name was
reserved, and specifying the name and address of the transferee.
D. A reserved corporate name may be used by its owner in connection with (i) the formation or an amendment to change the name of a domestic stock or nonstock corporation, limited liability company, business trust, or limited partnership; (ii) an application for a certificate of authority or registration to transact business in the Commonwealth as a foreign stock or nonstock corporation, limited liability company, business trust, or limited partnership; or (iii) an amended application for such authority or registration, provided that the proposed name complies with the provisions of § 13.1-630, 13.1-762, 13.1-829, 13.1-924, 13.1-1012, 13.1-1054, 13.1-1214, 13.1-1244, 50-73.2, or 50-73.56, as the case may be.
§ 13.1-1013. Reserved name.
A. A person may apply to the Commission to reserve the
exclusive use of a limited liability company name, including the a
designated name for a foreign limited liability company whose limited
liability company name is not available for use in this Commonwealth. The
limited liability company name applied for need not comply with subsection A of
§ 13.1-1012. If the Commission finds that the limited liability company
name applied for is available distinguishable upon the records of the
Commission, it shall reserve the name for the applicant's exclusive use for
a 120-day period.
B. The owner of a reserved limited liability company name may renew the reservation for successive periods of 120 days each by filing with the Commission, during the 45-day period preceding the date of expiration of the reservation, a renewal application.
C. The owner of a reserved limited liability company name may
transfer the reservation to another person by delivering to the Commission a
notice of the transfer, executed signed by the applicant for whom
the name was reserved, and specifying the name and address of the transferee.
D. A reserved limited liability company name may be used by its owner in connection with (i) the formation or an amendment to change the name of a domestic stock or nonstock corporation, limited liability company, business trust, or limited partnership; (ii) an application for a certificate of authority or registration to transact business in the Commonwealth as a foreign stock or nonstock corporation, limited liability company, business trust, or limited partnership; or (iii) an amended application for such authority or registration, provided that the proposed name complies with the provisions of § 13.1-630, 13.1-762, 13.1-829, 13.1-924, 13.1-1012, 13.1-1054, 13.1-1214, 13.1-1244, 50-73.2, or 50-73.56, as the case may be.
§ 13.1-1215. Reserved name.
A. A person may apply to the Commission to reserve the
exclusive use of a business trust name, including the a
designated name for a foreign business trust whose business trust name is
not available for use in this Commonwealth. If the Commission finds that
the business trust name applied for is available distinguishable upon
the records of the Commission, it shall reserve the name for the
applicant's exclusive use for a 120-day period.
B. The owner of a reserved business trust name may renew the reservation for successive periods of 120 days each by filing with the Commission, during the 45-day period preceding the date of expiration of the reservation, a renewal application.
C. The owner of a reserved business trust name may transfer
the reservation to another person by delivering to the Commission a notice of
the transfer, executed signed by the applicant for whom the name
was reserved, and specifying the name and address of the transferee.
D. A reserved business trust name may be used by its owner in connection with (i) the formation or an amendment to change the name of a domestic stock or nonstock corporation, limited liability company, business trust, or limited partnership; (ii) an application for a certificate of authority or registration to transact business in the Commonwealth as a foreign stock or nonstock corporation, limited liability company, business trust, or limited partnership; or (iii) an amended application for such authority or registration, provided that the proposed name complies with the provisions of § 13.1-630, 13.1-762, 13.1-829, 13.1-924, 13.1-1012, 13.1-1054, 13.1-1214, 13.1-1244, 50-73.2, or 50-73.56, as the case may be.
§ 50-73.3. Reserved name.
A. The exclusive right to the use of a limited partnership
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 Commonwealth which, in either case, intends to
adopt that name;
3. Any foreign limited partnership intending to register in
this Commonwealth and adopt that name; or
4. Any person intending to organize a foreign limited
partnership and intending to have it registered in this Commonwealth and adopt
that name.
B. The reservation shall be made by delivering A
person may apply to the Commission an application, executed by the
applicant, to reserve the exclusive use of a specified
limited partnership name, including a designated name for a foreign
limited partnership. The limited partnership name applied for need not
comply with subsection A of § 50-73.2. If the Commission finds that
the limited partnership name is available for use by a domestic or foreign
limited partnership distinguishable upon the records of the Commission,
it shall file the application and reserve the name for the
applicant's exclusive use of the applicant for a 120-day period
of 120 days.
B. The owner of a reserved limited partnership name may renew the reservation for successive 120-day periods each by filing with the Commission, during the 45-day period preceding the date of expiration of the reservation, a renewal application.
C. The owner of a reserved limited partnership name may
transfer the reservation to any other person by delivering to the Commission a
notice of the transfer, executed signed by the applicant for whom
the name was reserved and specifying the name and address of the transferee.
D. A reserved limited partnership name may be used by its owner in connection with (i) the formation or an amendment to change the name of a domestic stock or nonstock corporation, limited liability company, business trust, or limited partnership; (ii) an application for a certificate of authority or registration to transact business in the Commonwealth as a foreign stock or nonstock corporation, limited liability company, business trust, or limited partnership; or (iii) an amended application for such authority or registration, provided that the proposed name complies with the provisions of § 13.1-630, 13.1-762, 13.1-829, 13.1-924, 13.1-1012, 13.1-1054, 13.1-1214, 13.1-1244, 50-73.2, or 50-73.56, as the case may be.