17-7923. Reservation of exclusive right to entity name.

340 words·~2 min read·/ks/chapter-17/17-7923

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The exclusive right to the use of an entity name or, as applicable, the name of a series of a limited liability company, may be reserved by:

(1)Any person intending to organize a covered entity under the laws of this state;

(2)any domestic limited liability company or any person intending to organize a domestic limited liability company, intending to file a certificate of designation to form a series of any such limited liability company;

(3)any domestic covered entity intending to change its name or intending to change the name of a series for which a certificate of designation has been filed;

(4)any foreign covered entity intending to make application for a certificate of authority to transact business in this state;

(5)any foreign covered entity authorized to transact business in this state, and intending to change its name; and

(6)any person intending to organize a foreign covered entity, and intending to have such entity make application for a certificate of authority to transact business in this state.

(b)The reservation shall be made by filing with the secretary of state an application to reserve a specific covered entity name or the name of a series of a domestic limited liability company, executed by the applicant. The reservation may be filed by telefacsimile communication as prescribed by K.S.A. 17-7914 , and amendments thereto. If the secretary of state finds that the name is available, the secretary of state shall reserve the same for the exclusive use of the applicant for a period of 120 days.

(c)The right to exclusive use of a specified entity name or the name of a series of a domestic limited liability company, reserved pursuant to this section, may be transferred to any other person or covered entity by filing in the office of the secretary of state, a notice of such transfer, executed by the applicant for whom the name was reserved, and specifying the name and address of the transferee.