5304 - Required name changes by senior corporations.

     § 5304.  Required name changes by senior corporations.        (a)  Adoption of new name upon reactivation.--Where a     corporate name is made available on the basis that the     corporation or other association that formerly registered the     name has failed to file with the Department of Revenue a report     or a return required by law or where the corporation or other     association has filed with the Department of Revenue a     certificate of out of existence, the corporation or other     association shall cease to have by virtue of its prior     registration any right to the use of the name. The corporation     or other association, upon withdrawal of the certificate of out     of existence or upon the removal of its delinquency in the     filing of the required reports or returns, shall make inquiry     with the Department of State with regard to the availability of     its name and, if the name has been made available to another     domestic or foreign corporation for profit or not-for-profit or     other association by virtue of these conditions, shall adopt a     new name in accordance with law before resuming its activities.        (b)  Enforcement of undertaking to release name.--If a     corporation has used a name that is not distinguishable upon the     records of the Department of State from the name of another     corporation or other association as permitted by section     5303(b)(1) (relating to duplicate use of names) and the other     corporation or other association continues to use its name in     this Commonwealth and does not change its name, cease to do     business, be wound up, or withdraw as it proposed to do in its     consent or change its name as required by subsection (a), any     court having jurisdiction may enjoin the other corporation or     other association from continuing to use its name or a name that     is not distinguishable therefrom, upon the application of:            (1)  the Attorney General, acting on his own motion or at        the instance of any administrative department, board or        commission of this Commonwealth; or            (2)  upon the application of any person adversely        affected.     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 21, 1988,     P.L.1444, No.177, eff. Oct. 1, 1989; June 22, 2001, P.L.418,     No.34, eff. 60 days)        Cross References.  Section 5304 is referred to in section     5341 of this title.