Legal Question in Business Law in Florida

Name Registration and Incorporation

A company in TN is incorporated as ''X'' and doing business as ''Y''. I would like to incoporate under ''Z'' in Florida but do business as the TN corp's ''X'' name. Is this legal?


Asked on 6/17/02, 10:30 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Name Registration and Incorporation

There is no problem if you have different types of busness. If it is the same busienss and it creates confusion among customers they may be upset and seek court intervention.

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Answered on 6/17/02, 5:57 pm
Randall Gilbert Gilbert & Caddy P.A.

Re: Name Registration and Incorporation

I am not sure I understand the question but here is some advice. A Tennessee corporation will need to register to do business in Florida, as a foreign profit corporation.

For example: "XYZ, Corp." (a tenessee company) will be able to legally do business in Florida as "XYZ Corp." if it properly registers with the state of florida by complying with Florida's formalities.

Example #2: "XYZ Corp." may also operate under another name such as "QRS, Inc." in Florida by applying for a fictitious name, but XYZ Corp. will still need to register with the State of Florida as being a Foreign Corporation.

The penalties and tax consequences of failing to properly register can be quite high. However, there are also exemptions for certain foreign companies. If you need assistance, you may contact me at (305) 769-3000. Best of luck,

Randall L. Gilbert, Esq.

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Answered on 6/17/02, 7:10 pm


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