DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 394 Original 2015 Regular Session Miller
Abstract: Makes changes to reservations of names and name requirements for business entities,
trade names, trademarks, and service marks.
Proposed law authorizes persons to specify names of partnerships and nonprofit corporations by
filing a signed application with the secy. of state.
Proposed law requires the secy. of state to reserve specified names of partnerships and nonprofit
corporations available for use for a nonrenewable period of 120 days.
Proposed law provides the right to transfer specified, reserved names to a transferee through a signed
application with the secy. of state.
Proposed law prohibits names of corporations generally, foreign corporations, and limited liability
companies from containing language that consists of or comprises immoral, deceptive, or scandalous
matter.
Present law requires the secy. of state to reserve a specified name available for use for a domestic
or foreign limited liability company for 60 days or less as may be requested by the applicant. Present
law authorizes the secy. of state to extend the reservation, not more than twice, for an additional 30
days for good cause shown. Proposed law repeals the extension and reservation periods of present
law and requires a nonrenewable reservation period of 120 days.
Present law requires the secy. of state to reserve a specified trade name, trademark, or service mark
available for use for 60 days or less as may be requested by the applicant. Present law authorizes the
secy. of state to extend the reservation, not more than twice, for an additional 30 days for good cause
shown. Proposed law repeals the extension and reservation periods of present law and requires a
nonrenewable reservation period of 120 days.
Present law requires a $5 reservation fee to be paid to the secy. of state by the person, firm,
corporation, association, partnership, or other entity making the reservation for a trade name,
trademark, or service mark. Proposed law repeals present law.
(Amends R.S. 12:204(B)(intro. para.), 204.1(A), 303(A), 1306(A)(3) and (4), and 1307(B)(2) and
R.S. 51:213(B)(2); Adds R.S. 9:3401(C), R.S. 12:1-401(A)(3)(e), 204(G), and 1306(A)(5); Repeals
R.S. 12:1307(B)(3))