(227) Proposal to permit a binding decision on whether or not an indirect reference to a basionym or replaced synonym is sufficient for valid publication of a name

Recently, a proposal was published to amend the Shenzhen Code (Turland & al. in Regnum Veg. 159. 2018) permit binding decision on valid publication under Art. 38.4 when it is doubtful whether an illustration with analysis acceptable place of description or diagnosis (Prop. 076, Pastore Taxon 70: 456. 2021). Now we have similar not indirect cryptic reference basionym replaced synonym sufficient for publication. The has number provisions where previous can affect name, e.g. 38.12, 38.13, 40.3, 41.3 and 43.2. According 41.3: “Before 1 January 1953 (see 38.14) new combination, name at rank, replacement name.” In some situations, form which such appears creates doubt as fulfils requirement 41.3. This situation no simple solution, its subjectivity could lead being considered validly depending interpretation original case Polygala pubescens Muhl. comprehensively described by Mota (in Phytotaxa 383: 125–127. 2018), authors argued that P. senega var. rosea Michx., because rank based Michaux's preoccupied Desf. time. However, this been widely accepted. alternative interpretation, “rosea” treated Muhlenberg (Cat. Pl. Amer. Sept.: 63. 1813) variety pubescens, binomial did exist time, renders (Michx.) published. As regards “Polygala Muhl.”, IPNI (https://www.ipni.org/ accessed 5 Feb 2023) provides following remarks: “Muhlenberg Mx thus indirectly referred Michx. Since remained invalid 1813, also invalidly published.” instability related names Mart. Denkschr. Königl. Bot. Ges. Regensburg. 1(1): 185. 1815), heterotypic synonym, either illegitimate later homonym correct Nutt. (Gen. N. 2: 87. 1818) isonym homonym. Furthermore, there provision resolve issue something so stalemate reached. Therefore, present modify 41 order permit, unclear if “indirect reference” satisfies 41.3, submission request General Committee. “41.n. When author satisfied may be submitted Committee, will refer examination specialist committee appropriate taxonomic group Div. III Prov. 2.2, 7.9, 7.10). A Committee recommendation concerned then put forward International Botanical Congress and, ratified, become retroactive effect. These decisions are listed App. VI.” MM acknowledges financial support from CAPES via doctoral degree scholarship grant (688085/2022-00). JFBP JP acknowledge Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq) (grants 302972/2020-0 307931/2021-8, respectively).