What Must a Corporate Name Include?

Written by: Nataline Garcia, Esq.

If you have been considering creating a new business entity, there are certain requirements you must consider prior to incorporating. Under Florida Statute 607.040 a corporate name:

  1. Must contain the word “corporation,” “company,” or “incorporated” or the abbreviation “Corp.,” or “Inc.,” or “Co.,” or the designation “Corp,” or “Inc,” or “Co,” as will clearly indicate that it is a corporation instead of a natural person, partnership, or other eligible entity.
  2. Must be distinguishable from the names of all other entities or filings that are on file with the department, except fictitious name registrations pursuant to s. 865.09, general partnership registrations pursuant to s. 620.8105, and limited liability partnership statements pursuant to s. 620.9001 which are organized, registered, or reserved under the laws of this state. A name that is different from the name of another entity or filing due to any of the following is not considered distinguishable:
    • A suffix.
    • A definite or indefinite article.
    • The word “and” and the symbol “&.”
    • The singular, plural, or possessive form of a word.
    • A punctuation mark or a symbol.

If you are in the process of creating a new business entity, make sure you comply with the above statutory requirements prior to your submission to the state of Florida. If this statute is not strictly complied with there will certainly be delays in the formation of your corporation. If you have any questions or need assistance, please feel free to contact the Law Office of Ray Garcia, P.A., at 305-227-4030 or via email at legal@raygarcialaw.com

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