N.Y. Comp. Codes R. & Regs. Tit. 19 § 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).
Notes
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