About Me

  • I am a business lawyer in New York City. My passion lies in exploring legal and non-legal aspects of the growing online business and social world. E-mail me: iblog(at)ratschko(dot)com.

« How to Amend a Contract | Main | "Terms and Conditions" may work for your Business »

How to use Special Terms in your LLC's Name

As you may know, there are naming rules (Section 204 NY limited liability company law) when it comes to choosing a name for your LLC.  Most  names are o.k. if not already taken by somebody else, but some terms are tricky and require special dispensation.

For example, try filing articles of organization for this LLC:  "Life Exchange, LLC".  You will get a nice letter from the Department of State informing you that they are unable to file this name, because it is not allowed to use "exchange" in the name of an LLC without the approval of the Attorney General.  And they are right; it says here in Section 204(h) NY limited liability company law:

"The name of each limited liability company as set forth in its articles of organization [......] shall not, unless the approval of the attorney general is attached to the articles organization [.......] contain the word "exchange" or any abbreviation or derivative thereof.  Such approval shall not be granted by the Attorney General if in his or her opinion the use of the word "exchange" in the limited liability company's proposed name would falsely imply that the limited liability company conducts its business at a place where trade is carried on in securities or commodities by brokers, dealers or merchants."

Is that the end of your name?  No, you can go ahead, write a letter to the Attorney General and describe the business you are planning to conduct under the name "Life Exchange, LLC".  I am assuming it's some kind of life coaching, re-birthing center type of activity.  If you explain it right, there should be no doubt that you are not trying to establish a New York stock exchange in your backyard and they will happily give you the approval.

Many people have successfully done it already, as you can find out by searching the New York State corporate database with the term "exchange."  There are plenty of businesses using the term "exchange" that have nothing to do with trading stocks or commodities.

**This post is for informational purposes only and does not constitute legal advice**




		

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/t/trackback/858734/19860720

Listed below are links to weblogs that reference How to use Special Terms in your LLC's Name:

Comments

Should you want to register a South African Close Corporation/company, please visit http://www.registernewcc.co.za and we will gladly assist. And we will even include a website. For more information on web designing please visit: http://www.helewix.co.za, or join us at our forum on: http://www.helewix.co.za/forum

Make sure your office furniture fits your collegues work style. The new modular office furniture on the market these days is very functional. Our branch productivity has increased multifold after I purchased new desks and filing systems. With new office furniture I have found the transition from working at the main office to a branch office has become easier. The staff has also become more productive. There are many places to buy online. I found the quality and value of the office furniture you can get to be above my expectations. Check them out if you get the opportunity.

Post a comment

If you have a TypeKey or TypePad account, please Sign In

Receive E-mail Updates

  • Enter your Email


    Powered by FeedBlitz
  • Google

Disclaimer

  • I publish this small business law blog to educate small businesses and their owners about relevant New York law. I am not conveying any legal, accounting, tax, or other professional advice and your use of this small business law blog does not create an attorney-client relationship between you and me. THE CONTENT OF THIS BLOG SHOULD NOT BE RELIED UPON OR USED AS A SUBSTITUTE FOR PERSONAL CONSULTATION WITH A LICENSED SMALL BUSINESS ATTORNEY. THIS MAY BE ATTORNEY ADVERTISING.