Selecting Your Corporate Name

There are several issues that you need to consider when choosing a name for your corporation.

Name Availability - First, your corporate name must be available in your state. Thus, you will need to either check your desired name online, if your state offers online searches, or you must make a phone call to your state's Secretary of State to check the availability of your corporate name.

Arizona Law specifies that a corporate name must be distinguishable from other corporate names. If you do not check for availability first, and someone has already incorporated under your name, your filings will be returned to you and you will need to resubmit using a different corporate name.

For information on where to call or links to your state's online name search functions, CLICK HERE.

Corporate Law Considerations - Arizona Law requires your corporate name to contain the words "association", "bank", "company", "corporation", "limited" or "incorporated" or an abbreviation of one of these words or words or abbreviations of like import in another language.

Arizona Law prohibits a corporate name from containing language stating or implying that the corporation is organized for a purpose other than that permitted by section 10-301 and its articles of incorporation.

The name of an Arizona corporation may not include the words "bank", "deposit", "trust" or "trust company" separately or in combination to indicate or convey the idea that the corporation is engaged in banking or trust business unless the corporation is to be and becomes actively and substantially engaged in the banking or trust business or the corporation is a holding company holding substantial interest in companies actively and substantially engaged in the banking or trust business.

In addition, your corporate name may not (1) contain language stating or implying that the corporation is organized for a purpose other than that permitted in this act and its articles of incorporation; or (2) contain language stating or implying that the corporation is connected with a state or federal government agency or a corporation chartered under the laws of the United States.

Fictitious Names - You may use only your correct corporate name in your business. If you use any other name in your business, you must file a fictitious name registration to permit you to use such name.

For More information on Fictitious Names, CLICK HERE

Federal Trademark Considerations - Your corporation name, even if available in your state, should not violate the federal trademark rights of any other party. It is strongly suggested, especially if you are doing business on the Internet, that you perform a trademark search to be certain that your name will not infringe on someone else's trademark rights.

For more information on the need for Federal Trademark Searches, CLICK HERE.

Protecting Your Name - The fact that you incorporate under a name does not of itself protect your name from use by others. All incorporation means is that noone else will be able to incorporate using the same name in your state. If you consider your corporate name or any other name used in connection with your business to be a valuable asset, you should take further steps to protect the name from use by others.

For Information Regarding Protection of Your Name Under State and Federal Law, CLICK HERE.

Our Small Business E-Book contains a variety of documents to assist you in protecting and securing your business name.

 

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