Any legal requirement to calling my LLC, an "Institute."

14 replies
  • OFF TOPIC
  • |
Any legal requirement to calling my LLC, an "Institute."

Or is "Institute" a term that has no legal, official meaning or requirement?

I'm guessing it's fair game, but I just wanted to make sure.

-Anyone know?

- TW

PS: I'm in the US.
  • Profile picture of the author Mark Singletary
    Each state's laws are different but from my experience the 2 big naming requirements that normally need to be met are:

    1. Unique from every other LLC or corporation in the state.
    2. Include Inc., LLC, Corporation, etc. as the last part of the name behind the comma. Which one you use is determined by what type of legal entity your company is.

    For example, my nonlegal opinion is that in many states something like "The Growth Busters Financial Institute, LLC/Inc." would not be a problem.

    However, you probably should ask an attorney or the department of corporations in your state to get a definitive and correct answer.

    Mark

    Originally Posted by TimothyW View Post

    Any legal requirement to calling my LLC, an "Institute."

    Or is "Institute" a term that has no legal, official meaning or requirement?

    I'm guessing it's fair game, but I just wanted to make sure.

    -Anyone know?

    - TW

    PS: I'm in the US.
    {{ DiscussionBoard.errors[9488294].message }}
  • Profile picture of the author HeySal
    I'd seek a laywer's opinion on this one. "Institute" might just have some sort of funding restrictions, or educational, public service, etc. You don't just call the average business an "institute".
    Signature

    Sal
    When the Roads and Paths end, learn to guide yourself through the wilderness
    Beyond the Path

    {{ DiscussionBoard.errors[9488368].message }}
  • Profile picture of the author Mark Singletary
    If you look at Utah's laws, for example, there are restrictions on using certain names. Other states may have other such restrictions including possibly "Institute".

    3) The name cannot include the words "Olympic," "Olympiad," or "Citius Altius Fortius" without written consent from the United States Olympic Committee; or the words "university," "college," or "institute" without consent from the Division of Consumer Protection in accordance with Section 53B-5-114. See Utah Code Ann. § 16-10a-401(1)(c)-(d) (2000). or the words "Bank", "Banker", "Banking", "Banc", "Banque", "Banco", "Bancorp", "Bancorporation", "Bankcard", "Bancard", See Utah Code Ann. § 7-1-701(3)(a)-(b) (1998). "Savings Association", "Building Association", "Savings and Loan Assoc.", "Building and Loan Assoc.", "Savings Bank", See Utah Code Ann. § 7-1-701(4)(a)-(5) (1994) without consent from the Department of Financial Institutions
    There are a lot of businesses with Institute in their name in Florida that don't appear to be anything special. But still you should check with a lawyer or the people that do the corporations in your state.

    Mark
    {{ DiscussionBoard.errors[9488447].message }}
  • Profile picture of the author sbucciarel
    Banned
    An institute is an organisational body created for a certain purpose. Most I've seen are educational institutes, but there are a lot of research institutes as well.

    I really think you should ask an attorney because institutes are often related to education, courses, research, etc.
    {{ DiscussionBoard.errors[9490240].message }}
    • Profile picture of the author seasoned
      Originally Posted by sbucciarel View Post

      An institute is an organisational body created for a certain purpose. Most I've seen are educational institutes, but there are a lot of research institutes as well.

      I really think you should ask an attorney because institutes are often related to education, courses, research, etc.
      YEAH, when I think of institute, it has the connotation of "RESEARCH" agency and/or "education".

      To the OP, CAREFUL! Some words have a special connotation. INSTITUTE is one of them. It is ALSO one of those words that is recognizable in MANY languages! Some COUNTRIES have strong laws about things like this. So using such a word, if you sell internationally, may limit your ability to have the same company name internationally.

      Steve
      {{ DiscussionBoard.errors[9490355].message }}
  • Profile picture of the author HeySal
    They can be social, too. You have to have a central "theme" or "objective" that has something socially beneficial in some way as it's purpose. Just any business isn't an Institute. There are legalities and if you can't afford a lawyer, your local Small Business Assoc can give you a lot of information about forming it. You'll have special designations you will need from the IRS, too.

    This isn't a matter of just "naming a business".
    Signature

    Sal
    When the Roads and Paths end, learn to guide yourself through the wilderness
    Beyond the Path

    {{ DiscussionBoard.errors[9490412].message }}
    • Profile picture of the author BigFrank
      Banned
      The word 'institute' is not protected in the U.S. in business names, like it is in the UK. What you pair the word, however, can open you up to increased government scrutiny and that's never a good thing. :-)

      I was active in The Actors Institute in NYC.

      Cheers. - Frank
      {{ DiscussionBoard.errors[9490487].message }}
      • Profile picture of the author seasoned
        Originally Posted by BigFrank View Post

        The word 'institute' is not protected in the U.S. in business names, like it is in the UK. What you pair the word, however, can open you up to increased government scrutiny and that's never a good thing. :-)

        I was active in The Actors Institute in NYC.

        Cheers. - Frank
        But the US ALSO doesn't allow corporations, LLCs, sole proprietor etc;... If you want to get such an entity, you have to go to a STATE, or county(for SP), or the district(which is treated as a hybrid city/state even though it is really neither). And THEY set their OWN laws! And Washington DC is NOT necessarily equivalent to the US Federal Government.

        Steve
        {{ DiscussionBoard.errors[9490709].message }}
        • Profile picture of the author BigFrank
          Banned
          As I stated, if you want to use 'institute' in your name, you can in the U.S..

          Cheers. - Frank
          {{ DiscussionBoard.errors[9490780].message }}
          • Profile picture of the author seasoned
            Originally Posted by BigFrank View Post

            As I stated, if you want to use 'institute' in your name, you can in the U.S..

            Cheers. - Frank
            The US does NOT have any corporations! Try to find ANY company that says they are simply a US corporation. You WON'T! Many are Delaware, because it USED to be easier and has LOTS of case law, or Nevada because it is now easier, inexpensive, and there is no STATE tax! As Mark said earlier, you DO have potential problems in UTAH! For something like this, you have to really read the laws. They are a little different in nearly every state. SOME, like nevada now, may require that you have a city license even if you have NO real presence there. This MAY be due to the residence of the resident agent that you might need, like you DO in nevada if YOU don't have a presence there.

            Steve
            {{ DiscussionBoard.errors[9490927].message }}
            • Profile picture of the author BigFrank
              Banned
              As I stated, if you want to use 'institute' in your name, you can in the U.S..

              Cheer. - Frank
              {{ DiscussionBoard.errors[9490965].message }}
  • Profile picture of the author ForumGuru
    Banned
    Originally Posted by TimothyW View Post

    Any legal requirement to calling my LLC, an "Institute."

    Or is "Institute" a term that has no legal, official meaning or requirement?

    I'm guessing it's fair game, but I just wanted to make sure.

    -Anyone know?

    - TW

    PS: I'm in the US.
    As others have mentioned, check the state statute. For instance...







    Division of Corporations, State Records and Uniform Commercial Code, NYS Dept. of State

    Cheers

    -don
    {{ DiscussionBoard.errors[9491011].message }}
  • Profile picture of the author ForumGuru
    Banned
    If you are doing this in Hawaii, "Financial Institution" is on the restricted list, but the word "Institute" is not.



    https://www.incorporate.com/hawaii.html


    Cheers

    -don
    {{ DiscussionBoard.errors[9491018].message }}

Trending Topics