Florida Statute 607.0401 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 607
FLORIDA BUSINESS CORPORATION ACT

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F.S. 607.0401

607.0401 Corporate name.—

(1) A corporate name:

(a) Must contain the word “corporation,” “company,” or “incorporated” or the abbreviation “Corp.,” or “Inc.,” or “Co.,” or the designation “Corp,” or “Inc,” or “Co,” as will clearly indicate that it is a corporation instead of a natural person, partnership, or other eligible entity.

(b) May not contain language stating or implying that the corporation is organized for a purpose other than that permitted in this chapter and its articles of incorporation.

(c) May not contain language stating or implying that the corporation is connected with a state or federal government agency or a corporation or other entity chartered under the laws of the United States.

(d) Must be distinguishable from the names of all other entities or filings that are on file with the department, except fictitious name registrations pursuant to s. 865.09, general partnership registrations pursuant to s. 620.8105, and limited liability partnership statements pursuant to s. 620.9001 which are organized, registered, or reserved under the laws of this state. A name that is different from the name of another entity or filing due to any of the following is not considered distinguishable:

1. A suffix.

2. A definite or indefinite article.

3. The word “and” and the symbol “&.”

4. The singular, plural, or possessive form of a word.

5. A punctuation mark or a symbol.

(2) Notwithstanding the foregoing, a corporation may register under a name that is not otherwise distinguishable on the records of the department with the written consent of the other entity if the consent is filed with the department at the time of registration of such name and if such name is not identical to the name of the other entity.

(3) A corporate name as filed with the department, is for public notice only and does not alone create any presumption of ownership beyond that which is created under the common law.

(4) This chapter does not control the use of fictitious names.

History.—s. 27, ch. 89-154; s. 7, ch. 93-281; s. 6, ch. 2003-283; s. 4, ch. 2014-209; s. 28, ch. 2019-90.

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Amendments to 607.0401

Arrestable Offenses / Crimes under Fla. Stat. 607.0401

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 607.0401.

Annotations, Discussions, Cases:

Cases Citing Statute 607.0401

Total Results: 3

Pierce v. Kroha

Court: Fla. Dist. Ct. App. | Date Filed: 2016-09-30T00:00:00-07:00

Citation: 200 So. 3d 241, 2016 Fla. App. LEXIS 14624, 2016 WL 5630679

Snippet: company,” or abbreviations for the foregoing. § 607.0401(1), Fla. Stat. (2016). Although this issue is

Perkins v. Scott

Court: Fla. Dist. Ct. App. | Date Filed: 1990-01-04T23:53:00-08:00

Citation: 554 So. 2d 1220

Snippet: 1981), approved, 420 So.2d 587 (Fla. 1982). Cf. § 607.401, Fla. Stat. (1985) (person acting as a corporation

Harry Rich Corp. v. Feinberg

Court: Fla. Dist. Ct. App. | Date Filed: 1987-12-28T23:53:00-08:00

Citation: 518 So. 2d 377

Snippet: s). This doctrine has been codified in Section 607.401, Florida Statutes, which provides: "Estoppel…doctrine of corporation by estoppel, found in Section 607.401, Florida Statutes, provides the creditor with that