6123 - Requirements for foreign corporation names.

     § 6123.  Requirements for foreign corporation names.        (a)  General rule.--The Department of State shall not issue a     certificate of authority to any foreign nonprofit corporation     that, except as provided in subsection (b), has a name that is     rendered unavailable for use by a domestic nonprofit corporation     by any provision of section 5303(a), (b) or (c) (relating to     corporate name).        (b)  Exceptions.--            (1)  The provisions of section 5303(b) (relating to        duplicate use of names) shall not prevent the issuance of a        certificate of authority to a foreign nonprofit corporation        setting forth a name that is confusingly similar to the name        of any other domestic or foreign corporation for profit or        corporation not-for-profit, or of any domestic or foreign        limited partnership that has filed a certificate or qualified        under Chapter 85 (relating to limited partnerships) or        corresponding provisions of prior law, 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 nonprofit corporation applying for a certificate of        authority files in the department one of the following:                (i)  A resolution of its board of directors or other            body adopting a fictitious name for use in transacting            business in this Commonwealth which fictitious name is            not confusingly similar to the name of the other            corporation or other association or to any name reserved            or registered as provided in this part and that is            otherwise available for use by a domestic nonprofit            corporation.                (ii)  The written consent of the other corporation or            other association or holder of a reserved or registered            name to use the same or confusingly similar name and one            or more words are added to make the name applied for            distinguishable from the other name.            (2)  The provisions of section 5303(c) (relating to        required approvals or conditions) shall not prevent the        issuance of a certificate of authority to a foreign nonprofit        corporation setting forth a name that is prohibited by that        subsection if the foreign nonprofit 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 nonprofit        corporation.     (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 19,     1990, P.L.834, No.198, eff. imd.)        1990 Amendment.  Act 198 reenacted and amended the entire     section.        Cross References.  Section 6123 is referred to in sections     6126, 6131 of this title.