Keep control of a reserved company name through the filing handoff

Ask the person who reserved the proposed corporate name for the returned state evidence. Record the exact name, applicant, filing date and expiration information. A name-search result or a provider's statement that a name looks available does not identify who holds an existing reservation.

This guide concerns Delaware corporate name reservations under section 102(e). Confirm the entity type and filing route before using those rules. If the founder, lawyer and incorporation service each hold different records, reconcile them before another application is submitted or a planned formation date is promised.

Section 102(e) provides a 120-day reservation period and allows the same applicant to renew before expiration for successive periods. It also provides a filed transfer notice executed by the applicant for whom the name was reserved. Use the actual applicant and timing to determine what action is needed.

Ask the filing specialist to confirm whether the existing reservation can be used for the intended formation or needs a transfer to another person. If renewal is necessary, assign it before expiration and retain the state's returned evidence. Do not assume that changing service providers automatically transfers a reservation held by the original applicant.

Give the filer the reservation evidence and the approved name exactly as it will appear in the formation document. Compare the entity suffix and spelling across the papers. If the founders choose a different name, ask the specialist to confirm the proper new search or reservation action rather than editing the old reservation receipt.

Keep name-reservation administration separate from counsel's review of naming rights and restrictions. The reservation is a specific state filing record, not evidence that every contractual, professional or intellectual-property question about the brand has been resolved. Identify those separate reviews in the formation instructions where relevant.

For a renewal, transfer or cancellation, retain the filed notice and the state's notation of the action taken. Section 102(e) describes the return of a copy of the filed instrument when the requirements are met. Check that the result matches the requested reservation and applicant.

Once incorporation is accepted, connect the reservation history with the accepted formation document and close any unnecessary reservation reminders. If formation remains pending, preserve the next expiration date and responsible person. The file should make clear who controls the reserved name now and which documented event will allow the next filer to use it.