Business Name Reservation Letter

BUSINESS NAME RESERVATION LETTER / APPLICATION

TABLE OF CONTENTS

1. Overview
2. Pre-Reservation Checklist
3. Name Reservation Application
4. Filing Instructions
5. Post-Reservation Steps
6. State-Specific Requirements

I. OVERVIEW

A business name reservation temporarily reserves a proposed entity name with the Secretary of State, preventing other entities from registering the same or a confusingly similar name during the reservation period.

Key Points:

• Reservation does not create a business entity
• Reservation does not grant trademark rights
• Reservation periods and fees vary by state
• Most reservations are non-transferable (exceptions in some states)
• Reservation may be renewable in some jurisdictions

II. PRE-RESERVATION CHECKLIST

Name Search

☐ Search Secretary of State business entity database for name availability
☐ Search USPTO trademark database (https://tess2.uspto.gov)
☐ Search county DBA / fictitious name records
☐ Check domain name availability (recommended)
☐ Verify name meets state naming requirements

Naming Rules (General)

☐ Name must be distinguishable from existing registered entities
☐ Name must include required entity designator:

• ☐ Corporation: "Inc.," "Corp.," "Incorporated," "Corporation," "Company," "Co."
• ☐ LLC: "LLC," "L.L.C.," "Limited Liability Company"

• ☐ LP: "LP," "L.P.," "Limited Partnership"
  ☐ Name must not include restricted words without approval:

• ☐ "Bank," "Trust," "Insurance" — require regulatory approval

• ☐ "University," "College" — require educational authority approval
• ☐ "Engineer," "Architect" — require licensing board approval

III. NAME RESERVATION APPLICATION

TO: Secretary of State

[________________________________] (State)
Office of the Secretary of State
[________________________________] (Address)
[________________________________] (City, State, ZIP)

Applicant Information

If Filing on Behalf of Another Person/Entity

Name to Be Reserved

First Choice: [________________________________]

Second Choice (if first is unavailable): [________________________________]

Third Choice (if first and second are unavailable): [________________________________]

Entity Type

The name is being reserved for the formation of:

• ☐ Corporation (for-profit)
• ☐ Corporation (nonprofit)
• ☐ Limited Liability Company (LLC)
• ☐ Limited Partnership (LP)
• ☐ Limited Liability Partnership (LLP)
• ☐ Professional Corporation (P.C.)
• ☐ Benefit Corporation
• ☐ Other: [________________________________]

Signature

I hereby request reservation of the above name(s) pursuant to [________________________________] (cite applicable state statute).

Signature: _________________________________________
Printed Name: [________________________________]
Date: [__/__/____]

IV. FILING INSTRUCTIONS

Step 1: Submit Application

• ☐ Online (if available): [________________________________] (state filing portal URL)
• ☐ Mail to Secretary of State at the address above
• ☐ In person at Secretary of State office
• ☐ Fax to: [________________________________]

Step 2: Include Filing Fee

• ☐ Fee amount: $[________________________________]
• ☐ Payment method: ☐ Check payable to Secretary of State ☐ Credit card ☐ Money order

Step 3: Receive Confirmation

• ☐ Receive Name Reservation Certificate or confirmation letter
• ☐ Note the reservation expiration date: [__/__/____]
• ☐ Retain certificate for entity formation filing

Filing Fees and Reservation Periods

V. POST-RESERVATION STEPS

During Reservation Period

☐ Prepare entity formation documents (Articles of Incorporation, Certificate of Formation, etc.)
☐ Draft governing documents (bylaws, operating agreement, partnership agreement)
☐ Obtain EIN from IRS
☐ Arrange for registered agent services
☐ Do not make financial commitments based solely on the name reservation

Before Expiration

☐ File entity formation documents referencing the reserved name
☐ If unable to file before expiration: check if renewal/extension is available
☐ If reservation expires, re-file a new reservation application

Name Reservation Cancellation

☐ If you no longer need the reserved name, file a cancellation / withdrawal with Secretary of State
☐ Some states provide refunds for cancelled reservations; most do not

VI. STATE-SPECIFIC REQUIREMENTS

SOURCES AND REFERENCES

• Model Business Corporation Act (MBCA) § 4.02
• Revised Uniform Limited Liability Company Act (RULLCA) § 108
• Cal. Corp. Code §§ 201, 17701.08
• N.Y. Bus. Corp. Law § 303; N.Y. LLC Law § 204
• Tex. Bus. Orgs. Code § 5.101 et seq.
• Fla. Stat. §§ 607.0402, 605.0112
• SBA, "Choose Your Business Name"