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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 36578
Experience:  16 years practicing attorney, JD, BA, MBA
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Is ", Inc." a legal substitution for "Incorporated" in CA?

Customer Question

Is ", Inc." a legal substitution for "Incorporated" in CA? Our bank is complaining because our Articles of Incorporation spell out the word "Incorporated", but our name is ***** *****", Inc." on our checks and fictitious business name filing.
Submitted: 1 year ago.
Category: Business Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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I haven't found anything specific under CA law or on the CA Sec of State site that prohibits this, but according to several other state's Sec of State, "Inc" is not the same thing as Incorporated in a company name. So you would have to actually spell out Incorporated if that is how you registered your name with the Sec of State.
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So since all the other Sec of State sites I have seen don't allow this, I would have to conclude that it is more than likely that CA wouldn't allow this as well.
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For example, the CO Sec of State gives a perfect example:
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http://www.sos.state.co.us/pubs/business/FAQs/entityNames.html
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The following pairs of names are ***** ***** same:
ABC Inc is not the same as ABC Incorporated
ABC Inc is not the same as ABCInc
ABC Inc is not the same as A B C Inc
ABC Inc is not the same as A-B-C Inc
ABC Inc is not the same as (ABC) Inc
ABC Inc is not the same as ABC LLC
The following pairs of names are ***** *****:
ABC Inc is the same as abc inc
ABC Inc is the same as A.B.C. Inc
ABC Inc is the same as ABC, Inc.
.
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Bot***** *****ne is that whatever you actually registered as your company's legal name is ***** ***** that has to go on all legal documents, including checks.
.
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thanks
Barrister

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