When you meet someone new, what’s the first thing you want to know about them? Their name. Your name is unique—it’s how people remember you.
The same goes for your Florida business: choosing your name is the most important step of forming your company. Unfortunately, it’s not as simple as just picking the name you like best from a list. That works for babies, but not businesses. Florida has several requirements that you’ll need to follow as you pick a name.
Fortunately, this four-step guide will help you pick a name that is both perfect for your business and compliant with state laws. We’ll also cover how to reserve your name once you’ve picked it. Let’s get started.
NOTE: If you have found the perfect business name and would like to begin the process of registering your business with the state, there are a lot of top rated LLC formation services — like LegalZoom and Zen Business — that can do it for you.
1) Review Florida Name Requirements
Florida has two primary requirements for naming your business. First, your name must include a designation of the type of company you’re forming. For example, if you’re forming a Limited Liability Company, you’ll need to include “LLC,” “Limited Liability Company,” or an abbreviation of those terms. Corporations must include “Inc.,” “Incorporated,” “Corporation,” etc. Regardless of what kind of entity you make, your name should reflect your business type.
Second, your name must be distinguishable from other business entities in Florida. No two incorporated businesses may have the same name. But having a name that’s different may not be quite enough, either. (This does not apply to Fictitious Names, which are not considered the legal name of a business. There can be any number of businesses with the same Fictitious Name, but none with the same legal name).
For example, “Florida Lawn Care Bros, LLC” and “Florida Lawn Care Bros, Inc.” are too close. “Distinguishable” means that customers can easily tell your name apart from another business. You’ll want to make your name distinguishable for practical reasons, too. You’d hate to lose potential customers simply because your name got confused with someone else’s.
In addition, your chosen cannot imply that your business is a part of a government agency. Your name should clearly designate your purpose. Your purpose should align with requirements as set out in the state’s corporate law.
2) Create the Perfect Name for Your Florida Business
Now that we’ve covered all the things you can’t do with your business name, let’s focus on what you can do. Here’s where you can let your creativity shine. As long as you meet Florida’s requirements, you can pick just about anything you like.
However, to make your business name perfect, here are a few things to keep in mind:
- Pick a name that represents your business: Your business name is the first impression you’ll send to potential customers; you want to make sure it’s the right impression. So, be sure to include important aspects of your business in your name. For example, if you’re starting a restaurant that specializes in vegan fare, you’ll want that to be clear by your business name.
- Write it down and say it aloud: Your business name appears everywhere—business cards, your website, company signage, and more. A good name will look good on paper. But you’ll also say your name a lot, too, so make sure it sounds as good as it looks.
- Choose a name that you’re proud of: Do you like the name you’ve come up with? You love your business, and you should love the name that goes with it. If you love the name, then you’re good to move on to step three.
3) Search Your Chosen Name with the Florida Division of Corporations
Now it’s time to check that your business name is available in the state of Florida. To do so, you’ll want to run a Entity Name Search.
Here’s how it works: input the business name you developed in Step 2. If the state’s search tool doesn’t find any results, then good news! Your name is available for you to use in Florida. However, if it does find a match, you’ll want to start over or tweak your name a little to make sure it’s different from what’s currently in use in the state.
Want a pro tip to make the search tool easier to use? Once you’re on the search page, make sure you use the “Entity Name” option. You’ll type your desired name here. There are other search methods, but this will be most helpful for you to learn what business names are in use. Ideally, when you type in your name, no results will pop up. That means your name is available to use in the state. You can also browse close matches by hitting “Previous List” or “Next List.”
While this step may seem like a hassle, it can save you time in the long run. You’ll need to put your business name on your formation documents; if you put down a name that’s already in use, the state will send it back to you, request a change, and you’ll need to file all over again. This could potentially slow down your start-up process by several days or even weeks. Searching your name ahead of time prevents that slow-down.
4) File Your Florida Formation Documents
Most states allow businesses to reserve a name once they’ve picked one. A name reservation buys you some time to file your formation documents. However, Florida doesn’t offer a reservation procedure. Names are available within the state on a first-come, first-serve basis.
In Florida, filing your formation documents acts as your “reservation” of the name. By claiming it through formation, you’ll prevent other businesses from using your name. If another person were to file the same name before you did (unlikely, but possible), you’d lose your rights to the name.
The Division of Corporations of the Florida Secretary State serves as a helpful starting point for forming your business. Here you’ll find the forms you need to start your business, including the Florida Articles of Incorporation. You’ll also find easy access to forms such as conversions, mergers, amendments, registered agent changes, and more.
Conclusion
Conducting a business name search is an important part of forming your business in Florida. The search saves you time and helps you set up a name that makes your business stand out. We hope this guide made it simple to name your business.