Legal Question in Business Law in New York
Inactive Corporations in NY
I'm looking to form a corporation in New York State. There is a company that has the same name as my company, however they're status is inactive and it appears like it has been for over a decade. Will the Division of Corporations allow us to start a company with the same name as a defunct company?
2 Answers from Attorneys
Re: Inactive Corporations in NY
It may. The only way to know the answer to your question is to ask. You ask by filing to reserve your name with the Dept. of State; it will cost you something like $5 or $10. If the inactive corporation interferes with your name, the Dept. of State will refuse the reservation. If it doesn't interfere, they will allow the reservation to go through.
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Re: Inactive Corporations in NY
According to the guidance provided by NYS at http://www.dos.state.ny.us/corp/busguide.htm, a company being formed in NY must have a name distinguishable from another on file with the State. Typically (not a firm suggestion that it can happen) a Company that is distinguishable by its Inc, LLP, LLC, Company, etc are sufficient in some jurisdictions.
Try filing a name reservation with the state, that will confirm or deny your concern.
You may also, depending on where you are conducting business, try filing a corp under one name and then a DBA with the county clerk under the business name that you wish to use.
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