Section 17.31. Availability and reservation of name

(a) The Department will determine the availability of an association name upon written request. See § 13.31 (relating to searches and information; telephone inquiries) with respect to the receipt of requests by telephone.

(b) In section 1305 of the BCL (relating to reservation of corporate name), in section 5305 of the NPCL (relating to reservation of corporate name) and in section 8505(b) of RULPA (relating to name) there are provisions for the temporary reservation of association names. The right to the exclusive use of an available association name may be reserved by a person by written request. If the Department finds that the name is available, it will reserve the name for the exclusive use of the applicant for a period of 120 days, or for 6 months in the case of reservations under section 804 of the Banking Code (7 P. S. § 804) or section 303 of the Savings Association Code of 1967 (7 P. S. § 6020-43).

(c) The name reserved is the name set forth in the Department’s name reservation confirmation. This confirmation is computer produced based upon the records of the Department. It is the responsibility of the person reserving the name to ascertain that the name reserved on the records of the Department conforms in all respects to the name requested.

(d) The right to exclusive use of a specified association name reserved under subsection (b) may be transferred to another person by delivering to the Department a written notice of the transfer, executed by the person for whom the name was reserved under the official, professional or business letterhead of the person. The notice shall specify the name and address of the transferee.

(e) The right to the exclusive use of a name shall also inure, as of the filing date of a submittal, to an association which has made a filing with the Department appropriating the name but where the filing specifies an effective date subsequent to the filing date.

The provisions of this § 17.31 adopted June 22, 1973, effective June 23, 1973, 3 Pa.B. 1164; amended March 19, 1976, effective March 20, 1976, 6 Pa.B. 571; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993. Immediately preceding text appears at serial pages (87020) and (68168).

Notation

Cross References

This section cited in 19 Pa. Code § 3.2 (relating to date of deposit as filing date); and 19 Pa. Code § 11.12 (relating to processing of documents by Department).