Title 46, Chapter 3, Section 221
( 46-3-221)
(a) The exclusive right to the use of a corporate name may be
reserved by: (1) Any person intending to organize an electric membership
corporation under this article; (2) Any electric membership corporation intending to change its
name; (3) Any foreign electric cooperative intending to make application
for a certificate of authority to transact business in this state; (4) Any foreign electric cooperative authorized to transact
business in this state and intending to change its name; or (5) Any person intending to organize a foreign electric
cooperative and intending to have such foreign electric
cooperative make application for a certificate of authority to
transact business in this state. (b) The reservation shall be made by making application to the
Secretary of State to reserve a specified corporate name. If the
Secretary of State finds that the name is available for corporate
use, he shall reserve the name for the exclusive use of the
applicant for a period of four calendar months from the date of
filing. An extension of this period may be granted by the Secretary
of State for good cause shown. (c) Any person or electric membership corporation acquiring the
right to use the corporate name of an electric membership
corporation or other domestic corporation or of a foreign
corporation or foreign electric cooperative authorized to transact
business in this state may, on furnishing the Secretary of State
satisfactory evidence of such acquisition, reserve the exclusive
right to such corporate name for a period of five years. (d) The right to the exclusive use of a specified corporate name
reserved as provided in this Code section may be transferred to any
person 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. (e) The Secretary of State may revoke any reservation if, after
hearing in his office, he finds that the application therefor or any
transfer was not made in good faith. |