Choosing the right name for your Florida corporation is more than a branding decision—it’s a legal requirement with specific rules enforced by the Florida Division of Corporations. This guide covers everything you need to know about Florida corporation name requirements, from mandatory designators to the name reservation process.
Required Corporate Designators
Florida law requires that every corporation name include a corporate designator that signals to the public that they’re dealing with a corporate entity. According to Florida Statute 607.0401, your corporation name must contain one of the following words or abbreviations:
- Corporation or Corp.
- Incorporated or Inc.
- Company or Co.
Important: The word “Company” or abbreviation “Co.” can only be used if it’s not immediately preceded by the word “and” or the symbol “&”. For example, “Smith & Company” would not meet the requirement, but “Smith Company” would be acceptable.
The designator must appear as part of the legal corporate name, though you can use a fictitious name (DBA) for marketing purposes that doesn’t include these designators.
Professional Corporations
Professional corporations that provide services through licensed professionals (doctors, lawyers, accountants, etc.) have additional naming requirements. These entities must include “Professional Association” or “P.A.” in their corporate name instead of the standard designators.
Name Distinguishability Requirements
Your proposed corporation name must be “distinguishable on the records” of the Florida Division of Corporations. This means it cannot be identical or confusingly similar to any:
- Existing Florida corporation
- Foreign corporation authorized to do business in Florida
- Reserved corporate name
- Registered fictitious name
- Trademark registered with the Florida Department of State
The Division of Corporations determines distinguishability on a case-by-case basis, but generally, names are considered too similar if they differ only by:
- Corporate designators (Inc., Corp., etc.)
- Articles (a, an, the)
- Punctuation
- Spacing
- Use of “and” vs. “&”
For example, if “Sunshine Services, Inc.” already exists, you likely couldn’t register “Sunshine Services Corporation” or “Sunshine Service Inc.” The names are too similar despite the minor differences.
Adding Distinguishing Features
To make a similar name distinguishable, you typically need to add meaningful words that create a distinct impression. Adding geographic terms, descriptive words, or additional services can help. “Sunshine Professional Services, Inc.” or “Sunshine Medical Services, Inc.” might be sufficiently distinguishable from “Sunshine Services, Inc.”
Restricted and Prohibited Words
Certain words in your corporate name require prior approval from regulatory agencies because they imply oversight or licensing requirements:
Words Requiring Special Approval
- Bank, Banking, Trust Company: Requires approval from the Florida Office of Financial Regulation
- Insurance, Assurance, Reinsurance: Requires approval from the Florida Department of Financial Services
- Credit Union: Requires approval from federal or state credit union regulators
- University, College: May require approval from the Florida Department of Education
- Lottery: Requires specific authorization
- Olympic, Olympiad: Requires U.S. Olympic Committee approval
Prohibited or Misleading Words
Florida law prohibits names that falsely imply governmental affiliation or that would mislead the public about the nature of the business. Words like “FBI,” “Treasury,” “State Department,” or terms that suggest governmental authority are generally prohibited.
Additionally, you cannot use words that imply purposes not stated in your Articles of Incorporation. If your corporation’s purpose doesn’t include banking services, you cannot use “Bank” in the name.
How to Search Name Availability on Sunbiz
Before filing your Articles of Incorporation, you should search the Florida Division of Corporations database (Sunbiz.org) to check name availability:
Step-by-Step Name Search
- Visit Sunbiz.org: Navigate to the Florida Department of State Division of Corporations website
- Access Search Function: Click on “Search Records” or “Corporation Search”
- Enter Your Proposed Name: Input your desired corporate name without the designator first to see all variations
- Review Results: Look for exact matches and similar names
- Check Multiple Variations: Search with different designators and slight spelling variations
- Review Active and Inactive Entities: Even inactive corporations may prevent name availability if they’re reserved
Understanding Search Results
The Sunbiz database shows:
- Active corporations: Currently operating entities
- Inactive corporations: Dissolved or withdrawn entities (may still block name availability if recently inactive)
- Name reservations: Currently reserved names not yet in use
- Fictitious names: DBAs registered by other entities
A name appearing as available in the database doesn’t guarantee approval—the Division of Corporations makes the final determination when you file your Articles of Incorporation.
Name Reservation Process
If you’ve found an available name but aren’t ready to file your Articles of Incorporation immediately, you can reserve the name through Florida’s name reservation process.
How to Reserve a Corporate Name
Method 1: Online Reservation
- Visit the Sunbiz.org website
- Navigate to the online filing section
- Select “Name Reservation”
- Complete the online form with:
- Proposed corporate name (exactly as you want it)
- Your name and address
- Contact information
- Pay the $35 filing fee by credit card
- Receive immediate confirmation if approved
Method 2: Paper Filing
Submit Form CR2E029 (Application for Name Reservation) to:
Florida Department of State Division of Corporations P.O. Box 6327 Tallahassee, FL 32314
Include a $35 check or money order payable to the Florida Department of State.
Name Reservation Fee and Duration
- Cost: $35 per name reservation
- Duration: 120 days from the date of filing
- Renewals: You cannot renew a name reservation. After 120 days, the name becomes available to others
- Multiple Names: You must file separate reservations for each name you want to reserve
The 120-day reservation period gives you time to complete your business planning, secure financing, or finalize other organizational details before filing your Articles of Incorporation.
Using Your Reserved Name
Once you’ve reserved a name, you must file your Articles of Incorporation using that exact name within the 120-day period. If the name in your Articles doesn’t match the reservation precisely, the Division may reject your filing.
If you don’t file within 120 days, the reservation expires and the name becomes available to other applicants on a first-come, first-served basis.
Fictitious Names (DBAs) for Corporations
Even after incorporating with a legal corporate name that meets all Florida requirements, you may want to operate under a different name for marketing or branding purposes. This is accomplished through a fictitious name registration, commonly called a “Doing Business As” or DBA.
When to Use a Fictitious Name
Corporations commonly register fictitious names to:
- Use a shorter, more marketable business name
- Operate multiple business lines under different brands
- Avoid including the corporate designator in marketing materials
- Create location-specific identities (e.g., “Orlando Consulting” as a DBA of “Statewide Consulting Services, Inc.”)
Registering a Florida Fictitious Name
To register a fictitious name for your corporation:
- Search Availability: Check Sunbiz.org to ensure the fictitious name isn’t already registered
- File Form DR-1: Complete the Florida Fictitious Name Registration
- Provide Corporation Details: Include your legal corporate name and Florida document number
- Pay the Fee: $50 filing fee
- Maintain Registration: Fictitious names must be renewed every 5 years
Unlike the corporate name itself, fictitious names don’t require corporate designators. “Sunshine Consulting” could be a valid fictitious name for “Sunshine Consulting Services, Inc.”
Changing Your Corporation Name
If you need to change your corporation name after incorporation, Florida law allows amendments through a formal process:
Amendment Process
- Board Resolution: Your board of directors must approve the name change by resolution
- Shareholder Approval: Most corporations require shareholder approval for name changes (check your bylaws)
- File Articles of Amendment: Submit Articles of Amendment (Form CR2E013) to the Division of Corporations
- Include Required Information:
- Current legal name
- New proposed name (meeting all naming requirements)
- Statement that the amendment was properly approved
- Pay Filing Fee: $35 amendment fee
After Name Change Approval
Once the Division approves your name change:
- Update your corporate records and certificates
- Amend contracts and agreements to reflect the new name
- Update your business licenses and permits
- Notify banks, vendors, and clients
- Update marketing materials and signage
- File name changes with the IRS and Florida Department of Revenue
The Division of Corporations will issue a certificate of amendment confirming your new corporate name.
Name Trademark Considerations
While registering your corporate name with Florida provides certain protections within the state’s corporate registry, it doesn’t provide trademark protection for your brand.
Difference Between Corporate Name and Trademark
- Corporate Name Registration: Protects only against other Florida corporations using confusingly similar names in the state registry
- Trademark Registration: Protects your brand identity in commerce, potentially nationwide
A clear Sunbiz search doesn’t mean your proposed name isn’t someone else’s trademark. Another business could have common law trademark rights or federal trademark registration for a similar name, even if they’re not a Florida corporation.
Conducting Trademark Searches
Before finalizing your corporate name:
- Search the USPTO Database: Check the U.S. Patent and Trademark Office’s Trademark Electronic Search System (TESS)
- Conduct Common Law Searches: Search online for businesses using similar names
- Check Domain Availability: See if related domain names are available
- Consider Professional Search: For important brands, hire a trademark attorney to conduct a comprehensive search
Registering Your Trademark
After confirming availability, consider registering your corporate name as a trademark:
- Florida Trademark: Register with the Florida Department of State for state-level protection
- Federal Trademark: Register with the USPTO for nationwide protection
- Benefits: Legal presumption of ownership, exclusive rights to use the mark in connection with your services, ability to sue in federal court
Trademark registration is separate from corporate name registration and requires additional filings and fees.
Frequently Asked Questions
Can I use my personal name for my Florida corporation?
Yes, you can incorporate using your personal name (e.g., “John Smith, Inc.”), provided it’s distinguishable from existing corporate names and includes the required designator. However, personal names receive less trademark protection and may be harder to enforce against others with the same name.
What if my desired name is taken by a dissolved corporation?
A dissolved or inactive corporation may still prevent you from using its name for a period of time. The Division of Corporations maintains records of inactive entities, and similar names may still be considered not distinguishable. In some cases, you may be able to obtain written consent from the dissolved entity to use a similar name.
Can I reserve multiple names at once?
Yes, but you must file and pay for each name reservation separately. There’s no discount for multiple reservations, so each $35 fee applies per name.
Do I need a name reservation before incorporating?
No, name reservation is optional. You can file your Articles of Incorporation directly without reserving the name first. Name reservation is useful if you need time to prepare other aspects of your business before formally incorporating.
Can I use a name that’s identical to a corporation in another state?
Possibly. Florida’s distinguishability requirement applies only to entities registered with the Florida Division of Corporations. However, if the out-of-state corporation has trademark protection or is authorized to do business in Florida as a foreign corporation, you could face trademark infringement issues or the name might be unavailable.
How do I know if a word requires special approval?
When in doubt, contact the Division of Corporations or consult with a business attorney. If your Articles of Incorporation include restricted words without proper approval, the Division will reject your filing and notify you of the additional requirements.
What happens if someone else incorporates using my reserved name?
Once properly reserved, your name is protected for 120 days. The Division will not approve another corporation’s use of that name during the reservation period, assuming it would be considered not distinguishable.
Can I change my corporate name multiple times?
Yes, there’s no limit on the number of times you can amend your corporate name, though each amendment requires filing Articles of Amendment and paying the $35 fee. Frequent name changes can create confusion for customers and complications with business records, so choose carefully.
Is my corporate name protected in other states?
No. Your Florida corporate name registration only protects the name within Florida’s corporate registry. If you expand to other states, you’ll need to qualify as a foreign corporation in those states, and your name must meet each state’s availability requirements. Consider federal trademark registration for broader protection.
Do LLC naming requirements apply to corporations?
No. Corporations and LLCs have different naming requirements. Corporations must use corporate designators (Inc., Corp., Incorporated, Corporation), while LLCs must use “Limited Liability Company,” “LLC,” or “L.L.C.” Don’t confuse the two when forming your business entity.
Conclusion
Understanding Florida corporation name requirements is a critical first step in forming your business. By following these guidelines—including proper designators, ensuring distinguishability, checking for restricted words, and conducting thorough availability searches—you’ll avoid delays and ensure your corporate name complies with Florida law.
Whether you choose to reserve your name or file your Articles of Incorporation immediately, taking time to select a strong, compliant corporate name sets the foundation for your business’s legal identity and brand recognition in Florida.