4123 - Requirements for foreign corporation names.
§ 4123. Requirements for foreign corporation names. (a) General rule.--The Department of State shall not issue a certificate of authority to any foreign business corporation that, except as provided in subsection (b), has a name that is rendered unavailable for use by a domestic business corporation by any provision of section 1303(a), (b) or (c) (relating to corporate name), except subsection (c)(1)(ii) thereof (relating to banking names). (b) Exceptions.-- (1) The provisions of section 1303(b) (relating to duplicate use of names) shall not prevent the issuance of a certificate of authority to a foreign business corporation setting forth a name that is not distinguishable upon the records of the department from the name of any other domestic or foreign corporation for profit or corporation not-for- profit, or of any corporation or other association then registered under 54 Pa.C.S. Ch. 5 (relating to corporate and other association names) or to any name reserved or registered as provided in this part, if the foreign business corporation applying for a certificate of authority files in the department a resolution of its board of directors adopting a fictitious name for use in transacting business in this Commonwealth, which fictitious name is distinguishable upon the records of the department from the name of the other corporation or other association or from any name reserved or registered as provided in this part and that is otherwise available for use by a domestic business corporation. (2) The provisions of section 1303(c) (relating to required approvals or conditions) shall not prevent the issuance of a certificate of authority to a foreign business corporation setting forth a name that is prohibited by that subsection if the foreign business corporation applying for a certificate of authority files in the department a resolution of its board of directors adopting a fictitious name for use in transacting business in this Commonwealth that is available for use by a domestic business corporation. (Dec. 19, 1990, P.L.834, No.198, eff. imd.; June 22, 2001, P.L.418, No.34, eff. 60 days) 2001 Amendment. Act 34 amended subsec. (b)(1). Cross References. Section 4123 is referred to in sections 4126, 4131 of this title.