Legal Question in Business Law in New York

I want to form either an LLC or a S Corp. My question is what name I am allowed to use. I will be doing unclaimed property finding, and collections of accounts, and hope to add in as I bill partnerships (perhaps just getting a ' referral fee ' where allowed) with CPA's, Attorneys, Financial Advisors, etc. Can I use in my Corporate name Financial Services, or Financial Equities? What can I use to denote the nature of this business? Thanks, Jeff Goldfarb


Asked on 7/06/11, 10:11 am

3 Answers from Attorneys

Generally, Section 156.2 of NYCRR title 19 only stipulates that a proposed name should be distinguishable from the real name of an existing company authorized to do business in NY (the statute does give some spelling and singular/plural naming suggestions). In practice names that sound too official for example names that have 'New York State' in them or the word 'police' will likely be rejected.

If you need further help feel free to contact my office at your earliest convenience.


Roman R. Fichman, Esq.

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Answered on 7/06/11, 10:44 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I agree and add the following. Try to pick a "catchy" name. Once established (or concurrently) protect the name (without the "inc." etc.) by registering it as a service mark. That can be done at the state or federal level, or both. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 7/06/11, 1:52 pm
Michael Markowitz Michael A. Markowitz, PC

You may want to search the NYS corporate database to determine if the corporate name you want already exists.

The website is:

http://www.dos.ny.gov/corps/bus_entity_search.html

Mike.

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Answered on 7/06/11, 2:43 pm


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