When should you add LLC or Inc. to your ficticious name?

**gregdavidson** · 01-07-2009 11:11 PM

I noticed that a lot of people in Florida registered their fictitious name using LLC or Inc. at the end. Is this a rule that some states have in order to use that business structure? If I owned a business called The Shoe Company, would I be able to call my business The Shoe Company Inc. or The Shoe Company LLC if I didn't register a fictitious name that says "exactly" that?

**JLeezer** · 01-08-2009 12:10 AM

While I can't tell you the specific laws in each state, I can speak to the laws applicable in Tennessee and Pennsylvania. Neither of those states allow a d.b.a. or fictitious business name to have Inc., LLC, or any other word or abbreviation reserved for legally chartered business entities within the state, unless it is a legally charted entity which is applying for the fictitious name.

As an example, my company is Leezer Corporation. This is the registered name of the entity according to the Articles of Incorporation filed with the state of Tennessee. However, within the company, we have also applied for a fictitious name: Ministry Fundraisers Inc. If it was just me as an individual, I would not have been allowed to add "Inc." to the end of the name.

Most likely, the people you have referenced in Florida are either: a) actually businesses registering these fictitious names, or b) going to wind up in a bit of a mess if they ever get caught by the state.

**Nordstrom** · 01-08-2009 02:46 AM

The abbreviations' are used by states TO show that a "company" is a registered company. Like the speaker above mentioned, this will most probably be illegal.

**gregdavidson** · 01-08-2009 11:05 AM

What do you mean by "illegal"? I was looking up fictitious names on Sunbiz.org and a lot of them added this to their DBA. Are you saying these people are breaking the law by doing that?

Originally Posted by Nordstrom

The abbreviations' are used by states TO show that a "company" is a registered company. Like the speaker above mentioned, this will most probably be illegal.

**godswillbedone** · 01-08-2009 11:25 AM

Nothing should be illegal surely?

**JLeezer** · 01-08-2009 05:23 PM

Originally Posted by gregdavidson

What do you mean by "illegal"? I was looking up fictitious names on Sunbiz.org and a lot of them added this to their DBA. Are you saying these people are breaking the law by doing that?

It is only considered illegal if the registrant (person or entity registering the dba) is not authorized to use the marks (Inc., Incorporated, LLC, Corp., etc). Basically, if the registrant is a sole proprietor then it would be illegal for them to register a dba with Inc, LLC, or any of the other reserved marks at the end. If the registrant is an LLC, the mark could not include Inc or Corp since these marks are reserved for corporations, not limited liability companies. It all boils down to what marks the registrant is legally permitted to use. Did that make any sense or just more of the same rambling (at least I feel like it could just be rambling)?

**RLorenzen** · 01-08-2009 05:34 PM

Originally Posted by JLeezer

It is only considered illegal if the registrant (person or entity registering the dba) is not authorized to use the marks (Inc., Incorporated, LLC, Corp., etc). Basically, if the registrant is a sole proprietor then it would be illegal for them to register a dba with Inc, LLC, or any of the other reserved marks at the end. If the registrant is an LLC, the mark could not include Inc or Corp since these marks are reserved for corporations, not limited liability companies. It all boils down to what marks the registrant is legally permitted to use. Did that make any sense or just more of the same rambling (at least I feel like it could just be rambling)?

Hit it right on the head.

**Chasedigby** · 01-10-2009 01:42 AM

so waht does llc actually do for a business... what is the advantage of being an llc over being just "Joe's Pluming" ; )

**gregdavidson** · 01-12-2009 03:42 AM

I was told that I needed to register my fictitious name prior to applying for a business license. I've never tried applying for my business license first but I'm pretty sure that's how it goes in Florida.

Originally Posted by JLeezer

It is only considered illegal if the registrant (person or entity registering the dba) is not authorized to use the marks (Inc., Incorporated, LLC, Corp., etc). Basically, if the registrant is a sole proprietor then it would be illegal for them to register a dba with Inc, LLC, or any of the other reserved marks at the end. If the registrant is an LLC, the mark could not include Inc or Corp since these marks are reserved for corporations, not limited liability companies. It all boils down to what marks the registrant is legally permitted to use. Did that make any sense or just more of the same rambling (at least I feel like it could just be rambling)?

**bking** · 02-23-2009 01:43 PM

@ Chasedigby: LLC offers tax advantages and limited liability protection for its members. That's the short answer. If Joe's Plumbing is owned by Joe, and Joe is a sole proprietor, his customer sues him personally when something goes wrong. If Joe is one member of Joe's Plumbing, LLC, the LLC gets sued and Joe himself is safe from suit (generally).

@ gregdavidson: That's probably how it goes everywhere. If you haven't incorporated/formed an LLC and you want to start "Greg's Widget Shop", you can form an LLC and become "Greg's Widget Shop, LLC" or just stay good ol' Greg's Widget Shop.

"Greg's Widget Shop, LLC" shouldn't need to register the fictitious name, because having formed an LLC you have a legal business name. If you're a sole proprietor, you need to register "Greg's Widget Shop" as a fictitious name because the business exists through you, not because you formed the LLC. Your registration would probably say something like "gregdavidson d/b/a Greg's Widget Shop"