General Legal Issues

The legal structure of your business and general small business legal issues.

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Old 05-07-2008
Girl-Friday
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Default Name question, thoughts on "inc"...
Hi everyone! I just discovered these forums a couple days ago and I think I'm already addicted! This is my first post and I've got a question.

I'm in the very early stages of getting my business together and I'm thinking of my name. I originally thought I wanted something like "office solutions" or "virtual solutions" in the title to distinguish it as a VA business, but I'm starting to want something more generic so I can potentially branch out into other services like event planning, photography, photo editing, graphic design, etc.

I have an idea for a name and it includes 'inc' in the title. Do you think this would be a problem (or make me look stupid) if my business is actually an llc? I like the way 'inc' sounds in the name and I think it gives it the feel that it encompasses a lot of different services.

I know a lot of businesses have 'inc' or 'llc' formally in the title but don't use it regularly. My thoughts are that 'inc' would be part of the title, much like "Monsters Inc" but the official legal name would be like "Monsters Inc, LLC."

Isn't it common to register an official business name and modify it into a 'doing business as' name (where most people drop the LLC, INC stuff)? I know that in the state you can't register the same business name as someone else, but it doesn't look like you have to register the DBA name with the state, only the city/county, right?

Any insights or thoughts would be greatly appreciated! Thanks!
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Old 05-07-2008
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Default Re: Name question, thoughts on "inc"...
Hi:
By putting Inc in your name you are indicating that you are legally incorporated. Unless you truly are, I don't think that you want to put that out into the universe.
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Old 05-07-2008
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Default Re: Name question, thoughts on "inc"...
Girl-Friday,

Registering your business name differs from forming a LLC (limited liability company) or an incorporation (Inc.). The LLC or Inc. part of your business name refers to the 'legal entity' portion of your business. It's not just part of your name, it is part of the manner in which your business is structured under your states laws. Using such a structure obligates you as a business owner to comply with the states legal requirements in regards to that entity. So, yes, to any other business owner that is familiar with incorporating and llc and business naming, calling yourself such when you're not will make you look uninformed and not very business-savvy. Not to mention opening yourself up to all sorts of legal liabilities by portraying your business as something which it is not.

I would strongly suggest you contact your local municipality to determine the exact requirements for your locale regarding registering your business name, operating as a home-based business, what is required to form an incorporation or an llc and if necessary, contact an attorney.

Hope that helps!
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Old 09-30-2008
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Default Re: Name question, thoughts on "inc"...
I don't think you should use Inc in your name if you're not actually incorporated. Maybe you should think more on the name, and remember, you can still offer any service you want under that name. You just have to have a slamming website.
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Old 10-02-2008
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Default Re: Name question, thoughts on "inc"...
In most states, if not all, you can not legally use "Inc" in your name unless you are, in fact, incorporated.
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