General Question

Ltryptophan's avatar

Is it legal to have "limited" in a company name in U.S. without any legal meaning?

Asked by Ltryptophan (12091points) March 10th, 2010

I am starting a company and I like the sound of “limited”, I know what limited means and it has only a small amount to do with my new company, but I definitely want it included. It gives a very nostalgic feel that I really adore.

I am not asking if this is stupid. I am asking if it is legal to have a legal language in the title of the company.

Could you create a company called Incorporated, Inc.? for that matter…

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6 Answers

Violet's avatar

I thought it was legal, until I found this, that says “A limited company may be formed in the United States by a fairly simple process. First, the owner or owners of the company, who will be called “members” when the limited company is formed, must file articles of organization with their state’s Secretary of State. Each state has specific laws about how these articles should be written”

snowberry's avatar

If you don’t like the legal issues with “Limited”, how about “Unlimited” instead? Hmmm.

semblance's avatar

I am an attorney. Do not take this as creating an attorney-lient relationship. However, you may find my opinion helpful.

These days most states allow businesses to be organized as either classic corporations, as in “Semblance, Inc.”, or as limited liability companies, as in “Semblance Limited Liability Company,” or “Semblance LLC” for short. The primary difference is that a limited liability company can choose to be taxed as a partnership – a “pass through” taxable entity – rather than as a corporation. Since small, closely held corporations can chose to be taxed under “Subchapter S” tax rules, this distinction is not all that important unless the business entity owns depreciable real property.

The rules on names vary from state to state a bit. Your state may not let you use “limited” if it allows for the organization of limited liability companies because of the likelihood of confusion. I doubt if most states would allow a name like “Incorporated, Inc.” for the same reason. The only way to find out is to check with the department in your state which processes business organizations. This is probably under the jurisdiction of your state’s Secretary of State.

CyanoticWasp's avatar

You could always ask the board of The Limited and Limited Brands, among others.

talljasperman's avatar

your free to use your full name if you want, as a company title

thriftymaid's avatar

In my state you can only use it if the business organization is a limited partnership—meaning there is actually at least one limited partner.

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