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Ask a Lawyer -- Corporations Question 4
Question: Our company is incorporated as an Indiana Sub S Corporation. Is it important to show "Inc", or "Corp" or "PA" or "PC" on our checks and invoices to let the world know we are protected against liability? Right now we do not have anything after our company name.
Response: Short answer, "yes" you should have a corporate designation in your name under Indiana law. FN1.
IC 23-1-23-1. Corporate name.
Sec. 1. (a) A corporate name: (1) must contain the word "corporation", "incorporated", "company", or "limited", or the abbreviation "corp.", "inc.", "co.", or "ltd.", or words or abbreviations of like import in another language ... .
Thus, state law mandates use of one of the above corporate designations in the name. If, however, you have some business reason for wanting to use an abbreviated version of the name that omits one of the statutory references to corporation, then I suggest you make a fictitious name (aka "assumed name") registration with the Indiana Secretary of State's office. Here ia link to the form used for this purpose. This filling with the secretary of state will indicate to the public that your corporation uses an assumed name or trade name to do business; however, a corporation still should use its full corporate name for all contracts, purchase orders, bank accounts, tax returns, and legal documents of all types. Your letterhead should also indicate somewhere thereon the full name of the corporation (for example, a notation of "Smith Jones, Inc. d/b/a Smith Jones").
Footnote 1: Your question is a bit confusing in that it lists "PA" and "PC" as potential choices. Those designations are reserved for professional corporations (i.e., organizations of registered professionals such as lawyers, doctors, or accountants). A standard corporation and a professional corporation are organized under separate sections of the corporate code and have slightly different rules applying to each. One area where there are different rules for professional corporations is what can and cannot be in the name.
Submitted: 2-25-2005; Tiffany, Indiana
Response: 2-26-2005; JJR
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