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Section: 358.0460 Reservation of exclusive right to use of a name, procedure to reserve, time period--fee--transfer of name permitted--cancellation, procedure, fee. RSMO 358.460


Published: 2015

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Missouri Revised Statutes













Chapter 358

Uniform Partnership Law

←358.450

Section 358.460.1

358.470→

August 28, 2015

Reservation of exclusive right to use of a name, procedure to reserve, time period--fee--transfer of name permitted--cancellation, procedure, fee.

358.460. 1. The exclusive right to the use of a name of a registered

limited liability partnership or foreign registered limited liability

partnership may be reserved by:



(1) Any person intending to become a registered limited liability

partnership or foreign registered limited liability partnership under this

chapter and to adopt that name; and



(2) Any registered limited liability partnership or foreign registered

limited liability partnership which proposes to change its name.



2. The reservation of a specified name shall be made by filing with the

secretary of state an application, executed by the applicant, specifying the

name to be reserved and the name and address of the applicant. If the

secretary of state finds that the name is available for use by a registered

limited liability partnership or foreign registered limited liability

partnership, the secretary of state shall reserve the name for the exclusive

use of the applicant for a period of sixty days. A name reservation shall not

exceed a period of one hundred eighty days from the date of the first name

reservation application. Upon the one hundred eighty-first day the name shall

cease reserve status and shall not be placed back in such status. The right

to the exclusive use of a reserved name may be transferred to any other person

by filing in the office of the secretary of state a notice of the transfer,

executed by the applicant for whom the name was reserved, specifying the name

to be transferred and the name and address of the transferee. The reservation

of a specified name may be cancelled by filing with the secretary of state a

notice of cancellation, executed by the applicant or transferee, specifying

the name reservation to be cancelled and the name and address of the applicant

or transferee.



3. A fee in the amount of twenty-five dollars shall be paid to the

secretary of state upon receipt for filing of an application for reservation

of name, an application for renewal of reservation or a notice of transfer or

cancellation pursuant to this section. All moneys from the payment of this

fee shall be deposited into the general revenue fund.



(L. 1995 H.B. 558, A.L. 2004 H.B. 1664)





1995



1995



358.460. 1. The exclusive right to the use of a name of a registered

limited liability partnership or foreign registered limited liability

partnership may be reserved by:



(1) Any person intending to become a registered limited liability

partnership or foreign registered limited liability partnership under this

chapter and to adopt that name; and



(2) Any registered limited liability partnership or foreign

registered limited liability partnership which proposes to change its name.



2. The reservation of a specified name shall be made by filing with

the secretary of state an application, executed by the applicant,

specifying the name to be reserved and the name and address of the

applicant. If the secretary of state finds that the name is available for

use by a registered limited liability partnership or foreign registered

limited liability partnership, the secretary of state shall reserve the

name for the exclusive use of the applicant for a period of one hundred

twenty days. Once having so reserved a name, the same applicant may again

reserve the same name for successive one hundred twenty-day periods. The

right to the exclusive use of a reserved name may be transferred to any

other person by filing in the office of the secretary of state a notice of

the transfer, executed by the applicant for whom the name was reserved,

specifying the name to be transferred and the name and address of the

transferee. The reservation of a specified name may be canceled by filing

with the secretary of state a notice of cancellation, executed by the

applicant or transferee, specifying the name reservation to be canceled and

the name and address of the applicant or transferee.



3. A fee in the amount of twenty-five dollars shall be paid to the

secretary of state upon receipt for filing of an application for

reservation of name, an application for renewal of reservation or a notice

of transfer or cancellation pursuant to this section. All moneys from the

payment of this fee shall be deposited into the general revenue fund.



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