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Can I call my company - XYZ Inc. without actually being incorporated?
anon123




msg:4326455
 5:03 pm on Jun 15, 2011 (gmt 0)

I want to register a domain as MyBusinessInc.com

Is there legalities with actually calling yourself Inc. but not actually being even an LLC or Corp?

 

Demaestro




msg:4326463
 5:26 pm on Jun 15, 2011 (gmt 0)

I am not a lawyer but....

You shouldn't do it, it isn't that it is illegal, the issue is you are claiming (tacit as it may be) that you are incorporated when you aren't. This opens up a slew of legalities when people doing business with you assume you are when you aren't. If things go sideways they could claim you weren't acting honestly which can get them out of paying you, get out of contracts with you... all sorts of things.

anon123




msg:4326471
 5:31 pm on Jun 15, 2011 (gmt 0)

Thanks for the response.

I'm not a lawyer either but I think your right.

In my line of work, I don't need to be an "Inc." it was mostly just the domain name I wanted.

Better to steer clear, thanks for the advice. :)

wheel




msg:4326472
 5:34 pm on Jun 15, 2011 (gmt 0)

I've no firsthand knowledge, but I'd be surprised if there wasn't laws surrounding holding yourself out as incorporated when you're not. Probably for exactly the reason you're doing - trying to make it look like you're incorporated.

If you're not incorporated, just go do it. It's substantially less expensive and work to become incorporated than many would think. Years ago I set up a US incorporation online, it was easier than buying junk on ebay.

In my line of work most people aren't incorporated either - but I am. It's really not that hard to do.

anon123




msg:4326486
 5:43 pm on Jun 15, 2011 (gmt 0)

Ohh, I had no idea. Thanks wheel!

Any idea how much it costs? How long it takes? Can it all be done online?

LifeinAsia




msg:4326512
 6:15 pm on Jun 15, 2011 (gmt 0)

You should definitely consult with a lawyer and or tax preparer before rushing into incorporating- there can be a lot of tax issues. For example, many states require you to file a tax return until you formally dissolve the company (as does the Federal government). And California hits you with a minimum of $800/year in taxes, whether or not your company makes a profit.

wheel




msg:4326518
 6:25 pm on Jun 15, 2011 (gmt 0)

Well, I don't know if it's quite that fancy, but a call to your accountant wouldn't hurt. I don't think an independent needs to spend a whack of consultancy money figuring all this stuff out.

I incorporated in the US from outside the US, did it all online. I had to pay the fee to do that, plus I think I had to pay a lawyer a fee to act as a local physical representative or something. And yes, if I recall, I filed an income tax return in the US every year as well.

But it wasn't onerous. I'd say I maybe spent $200-$1000 a year on it (and probably closer to the $200 mark). And I only did it because I had a lot of US clients at the time so I figured it was appropriate and seemly to have a US inc. and address. In short, I didn't have any problem setting up a US inc. for little more than vanity purposes.

anon123




msg:4326520
 6:34 pm on Jun 15, 2011 (gmt 0)

I'm not going to do it, I've decided, but thanks again for the info...

The thread can continue, but I just wanted to make clear you guys have answered my questions, thanks! :)

anon123




msg:4326671
 11:22 pm on Jun 15, 2011 (gmt 0)

Actually, I just thought of another question.

Can I put ™ after my company name?

I own the DBA and business license on the name. Or what can I put after my name to make it official looking?

Like MyBusinessName.com™ <---- Do I own the trademark? What do you put after your name?

Leosghost




msg:4326672
 11:32 pm on Jun 15, 2011 (gmt 0)

You can put MyBusinessName.com™ without owning the ™ ..unless someone else does ..but you won't "own" it unless you register it as a trademark ..but if you use it ™ for long enough ..you can "sort of claim it" as long as no one else registers it ..

Even simpler would be to register it as a ™

All of this depends on your jurisdiction..and I'm not a lawyer etc YMMV..

lawman




msg:4326678
 12:03 am on Jun 16, 2011 (gmt 0)

Is Google broken?

Leosghost




msg:4326682
 12:08 am on Jun 16, 2011 (gmt 0)

depends who you ask :)

Demaestro




msg:4326684
 12:14 am on Jun 16, 2011 (gmt 0)

Is Google broken?


Most loaded question ever.

I'd rather ask here than there.

anon123




msg:4326693
 12:45 am on Jun 16, 2011 (gmt 0)

Sorry.

Can you put trademark symbol after your name even if you don't have the trademark didn't yield the greatest Google results, lol.

Also kinda wanted opinions of what you professionals do. :)

Thanks for help.

ken_b




msg:4326703
 1:01 am on Jun 16, 2011 (gmt 0)

Here's a link a US Patent and Trademark FAQ, might be helpful.

[uspto.gov...]

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