N.Y. Comp. Codes R. & Regs. tit. 19 § 156.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 156.3 - Fictitious names

(a) Statement of fictitious name. A fictitious name is the name an organization submits in its application for authority when its real name is not acceptable for authorization. Every foreign organization applying for authority to do business in this State or to engage in activities in this State, whose real name is not acceptable for authorization, shall include a statement in its application or amendment thereto: "The fictitious name under which the organization shall conduct its business or activities in New York is. . .", or words to such effect.

(b) Filing an assumed name certificate. A foreign organization authorized under a fictitious name may take an assumed name. In the certificate of assumed name, the organization shall set forth its real name and its fictitious name.

(c) Discontinuance of a fictitious name. When a foreign organization authorized under a fictitious name files an instrument changing its real name to a name which is available in New York, it must discontinue the use of the fictitious name in New York State. The certificate of amendment must contain a statement: "The fictitious name of. . ., under which the organization has conducted its business or activities, is discontinued," or similar words to that effect, combined with a statement deleting the appropriate paragraph or section from the original application for authority or original application as amended. The Department of State is not responsible to notify an authorized foreign organization using a fictitious name when or if its real name becomes available.

(d) Terms indicating form.

(1) A fictitious name of a corporation shall contain no indicator of organizational form (e.g., corporation, limited, incorporated, or the respective abbreviation).

N.Y. Comp. Codes R. & Regs. Tit. 19 § 156.3

Amended New York State Register June 16, 2021/Volume XLIII, Issue 24, eff. 6/21/2021