Florida corporation name requirements come down to two rules: the name has to include a corporate designator like “Inc.” or “Corp.,” and it has to be distinguishable from every other name on the Division of Corporations’ records. Get those right, avoid a short list of restricted words, and your name will clear. Most rejections come from the second rule, so search before you file.
What designator do the Florida corporation name requirements call for?
Under Florida Statute 607.0401, your corporation’s name must include one of these:
- Corporation or Corp.
- Incorporated or Inc.
- Company or Co.
There’s one catch with “Company.” It can’t come right after the word “and” or the “&” symbol. “Smith Company” works. “Smith & Company” doesn’t meet the requirement.
The designator only has to be in the legal name. If you’d rather market the business without it, register a fictitious name (covered below).
Professional corporations, the ones providing services through licensed professionals like doctors, lawyers and accountants, follow different rules. They must include “Professional Association” or “P.A.” in the name instead of the standard designators.
What does “distinguishable on the records” mean?
Your name can’t be identical or confusingly similar to any of these on the Division of Corporations’ records:
- An existing Florida corporation
- A foreign corporation authorized to do business in Florida
- A reserved corporate name
- A registered fictitious name
- A trademark registered with the Florida Department of State
The Division decides case by case, but a name is generally too similar if it differs only by the designator (Inc., Corp. and so on), articles like “a,” “an” or “the,” punctuation, spacing, or “and” versus “&.”
So if “Sunshine Services, Inc.” already exists, you probably can’t register “Sunshine Services Corporation” or “Sunshine Service Inc.” To get a distinguishable name, add a word that actually changes the meaning, such as a place, a description or a service. “Sunshine Medical Services, Inc.” or “Sunshine Professional Services, Inc.” might be different enough.
Which words need special approval or aren’t allowed?
Some words imply licensing or government oversight, so they need approval from the right regulator before you can use them:
| Word | Who has to approve it |
|---|---|
| Bank, Banking, Trust Company | Florida Office of Financial Regulation |
| Insurance, Assurance, Reinsurance | Florida Department of Financial Services |
| Credit Union | Federal or state credit union regulators |
| University, College | May require Florida Department of Education approval |
| Lottery | Specific authorization required |
| Olympic, Olympiad | U.S. Olympic Committee |
Florida also prohibits names that falsely suggest a government connection, or that would mislead the public about what the business does. Terms like “FBI,” “Treasury” or “State Department” are generally off-limits. And the name can’t imply a purpose your Articles of Incorporation don’t allow. If your corporation isn’t set up to provide banking services, “Bank” can’t be in the name.
If you’re unsure whether a word needs approval, ask the Division of Corporations or a business attorney before you file. If you file with a restricted word and no approval, the Division will reject the filing and tell you what’s missing.
How do you check name availability on Sunbiz?
- Go to Sunbiz.org, the Florida Division of Corporations site, and open the records search.
- Search your proposed name without the designator first, so you see every variation.
- Look for exact matches and similar names.
- Search again with different designators and small spelling changes.
- Check inactive entities as well as active ones.
The results show active corporations, inactive ones (dissolved or withdrawn), current name reservations, and fictitious names registered by other businesses. An inactive corporation may still block your name if it went inactive recently or the name is reserved.
A clear search isn’t a guarantee. The Division makes the final call when you file your Articles of Incorporation.
Can you reserve a Florida corporation name?
The reservation fee is $35 per name, and a reservation lasts 120 days from the date of filing. You can file online at Sunbiz and pay by credit card, with immediate confirmation if the name is approved. Or you can mail Form CR2E029 (Application for Name Reservation) with a $35 check or money order payable to the Florida Department of State to:
Florida Department of State, Division of Corporations, P.O. Box 6327, Tallahassee, FL 32314
Once you reserve a name, you have to file your Articles of Incorporation using exactly that name within the 120 days. If the names don’t match precisely, the Division may reject the filing. Reservations can’t be renewed. When the 120 days are up, the name is open to anyone, first come, first served. Each name needs its own reservation and its own $35 fee, with no discount for several.
Reserving a name is optional. If your name is clear and you’re ready, skip the reservation and file your Articles of Incorporation directly. That’s what we’d do. A reservation only makes sense if you need a few months to line up financing or partners and can’t risk losing the name in the meantime.
When should a corporation register a fictitious name?
A fictitious name (a DBA, or “doing business as”) lets your corporation operate under a name other than its legal one. Corporations use them to market under a shorter name, run separate brands, drop the “Inc.” from marketing, or set up a local identity. “Orlando Consulting” could be a DBA of “Statewide Consulting Services, Inc.”
To register one, check Sunbiz to make sure the fictitious name isn’t already registered, file the Florida Fictitious Name Registration with your legal corporate name and Florida document number, and pay the $50 filing fee. Fictitious names have to be renewed every 5 years, and they don’t need a corporate designator.
How do you change a corporation’s name later?
- Your board approves the name change by resolution.
- Shareholders approve it, which most corporations require (check your bylaws).
- File Articles of Amendment (Form CR2E013) with the Division of Corporations, listing the current name, the new name and a statement that the amendment was properly approved.
- Pay the $35 amendment fee.
The Division issues a certificate of amendment confirming the new name. After that, update your corporate records, contracts, licenses and permits, bank accounts, and marketing, and file the name change with the IRS and the Florida Department of Revenue. There’s no limit on how many times you can change the name, but each change costs another $35 and another round of updates.
Does a Florida corporate name protect your brand?
No. Registering a corporate name only keeps other Florida entities from registering a confusingly similar name in the state’s registry. It isn’t a trademark.
That cuts both ways. A clean Sunbiz search doesn’t mean the name is free to use, because another business may have common law trademark rights or a federal registration for something similar, even if it isn’t a Florida corporation. Before you commit to a name, search the U.S. Patent and Trademark Office’s trademark database, search online for businesses using similar names, and check whether the domain names you want are available. For a brand you plan to invest in, a trademark attorney’s search is worth paying for.
If the name clears, think about registering it as a trademark: with the Florida Department of State for state-level protection, or with the USPTO for nationwide protection. A registration gives you a legal presumption of ownership, exclusive rights to use the mark for your services, and the ability to sue in federal court. It’s a separate filing with its own fees.
Frequently asked questions
Can I use my own name for my corporation?
Yes. “John Smith, Inc.” is fine as long as it’s distinguishable and includes a designator. Personal names get weaker trademark protection, though, and they’re harder to enforce against someone else with the same name.
What if a dissolved corporation has the name I want?
A dissolved or inactive corporation may still block the name for a while, since the Division keeps records of inactive entities. In some cases you may be able to get written consent from the dissolved entity to use a similar name.
Can I use a name that’s identical to a corporation in another state?
Possibly. Distinguishability only applies to entities on the Florida Division of Corporations’ records. But if the out-of-state company is registered in Florida as a foreign corporation, the name won’t be available, and if it holds a trademark, you could face an infringement claim.
Is my corporate name protected in other states?
No. If you expand, you’ll register as a foreign corporation in each new state and your name has to meet that state’s rules. Federal trademark registration is the way to get broader protection.
Are LLC naming rules the same?
No. Corporations use corporate designators (Inc., Corp., Incorporated, Corporation). LLCs use “Limited Liability Company,” “LLC” or “L.L.C.” Don’t confuse the two when you file.
Before you file
Run your name through Sunbiz and the USPTO trademark database on the same day, and check the domain while you’re at it. If all three come back clear, file your Articles of Incorporation right away instead of reserving the name. The sooner you file, the less chance someone else takes it first.