48.1. When an author adopts an existing name but definitely excludes its type, a later homonym that must be attributed solely to that author is considered to have been published. Similarly, when an author who adopts a name refers to an apparent basionym or replaced synonym but explicitly excludes its type, the name of a new taxon is considered to have been published that must be attributed solely to that author. Exclusion can be effected by simultaneous explicit inclusion of the type in a different taxon by the same author.
Ex. 1. Sirodot included Lemanea corallina Bory, the type of Lemanea Bory (in Ann. Mus. Natl. Hist. Nat. 12: 178. 1808), in his new genus Sacheria Sirodot (in Ann. Sci. Nat., Bot., ser. 5, 16: 69. 1872); hence Lemanea, as treated by Sirodot (l.c.), is cited as Lemanea Sirodot non Bory, and not as Lemanea “Bory emend. Sirodot”.
Ex. 2. The name Amorphophallus campanulatus Decne. (in Nouv. Ann. Mus. Hist. Nat. 3: 366. 1834) was apparently based on the illegitimate Arum campanulatum Roxb. (Hort. Bengal.: 65. 1819). However, the type of the latter was explicitly excluded by Decaisne, and his name is therefore a legitimate name of a new species, to be attributed solely to him.
Ex. 3. The type of Myginda sect. Gyminda Griseb. (Cat. Pl. Cub.: 55. 1866) is M. integrifolia Poir. even though Grisebach misapplied the latter name. When Sargent raised the section to the rank of genus, he named the species described by Grisebach G. grisebachii and explicitly excluded M. integrifolia from the genus. Gyminda Sarg. (in Gard. & Forest 4: 4. 1891) is therefore the name of a new genus, typified by G. grisebachii Sarg., not a name at new rank based on M. sect. Gyminda.
Note 1. Misapplication of a new combination, name at new rank, or replacement name to a different taxon, but without explicit exclusion of the type of the basionym or replaced synonym, is dealt with under Art. 7.3–7.4.
48.2. For the purpose of Art. 48.1, exclusion of a type means exclusion of (a) the holotype under Art. 9.1 or the original type under Art. 10 or all syntypes under Art. 9.6 or all elements eligible as types under Art. 10.2; or (b) the type previously designated under Art. 9.11–9.13 or 10.2; or (c) the type previously conserved under Art. 14.9.