

     § 1304.  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 in the Department of Revenue a report or
     a return required by law or where the corporation or other
     association has filed in 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
     1303(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)  any person adversely affected.
     (Dec. 18, 1992, P.L.1333, No.169, eff. 60 days; June 22, 2000,
     P.L.356, No.43, eff. 60 days; June 22, 2001, P.L.418, No.34,
     eff. 60 days)

        2001 Amendment.  Act 34 amended subsec. (b).
        1992 Amendment.  Act 169 amended subsec. (a).
        Cross References.  Section 1304 is referred to in section
     1341 of this title.

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Last modified: November 27, 2007