Choosing a name for your company is an important part of your business process. When selecting a name remember that it will be the identity for everything you do. Some business critics agree that the name should be short, easy to remember, descriptive of the business and capable of drawing attention.

Be careful not to be misleading with the name you choose by trying to imply something that is not real. For instance, do not imply a certain trade such as "plumbing" in the name if you do not have the proper licensure to fulfill that trade. In the same vein, do not imply that you are a professional providing certain professional services if you don’t have the professional credentials.

Depending on the entity form you choose you may have to first check if the name you desire is available with the state in which you are hoping to do business and then register that name with the state. Below, is a list of the requirements for each of the business entity types:

Sole Proprietorships

Sole Proprietorships generally operate under the name of the owner. In most cases where the business name is not that of the owner’s, most jurisdictions require that a fictitious owner affidavit be filed. This is usually done at the county recorders office rather than the secretary of state’s office. Check with your State to be sure. In Utah you must file with the Division of Corporations and Commercial Code

Partnerships

Like the Sole Proprietor is often presumed that the Partnership will take on the name of its partners. In situations where this is not the case, then they also must file a fictitious owner affidavit stating they will be operating the business under another name. This must be done in most cases with the county recorders office and not with the secretary of state. Check with you State to be sure. In Utah you must file with the Division of Corporations and Commercial Code

Limited Partnership

Picking a name for the Limited Partnership usually involves more formalities than you would experience choosing a name for a sole proprietorship of partnership. The Limited Partnership, similar to the public various corporate entities, requires a reservation with the secretary of state in the state you will be conducting business affairs. This reservation is usually made when the partners file their certificate of limited partnership to register its existence. The Limited Partnership name must include the initials "L.P.", or Ltd. or be accompanied some other phrase which indicates it is a limited partnership. The requirements can change from state to state.

Limited Liability Companies

As a company, the name decided upon for an LLC must first be reserved with the secretary of state’s office. This usually occurs when the articles of incorporation are filed with the state and the company is registered as a legitimate limited liability company.

It is necessary for the name of the limited liability company to include the appropriate acronyms "L.L.C", LLC, LC or the words "limited liability company" in its description. Most state statutes for Limited Liability Company specify which descriptions can be used.

C Corporations

Choosing a name for a corporation requires very specific procedures. A corporate name must be registered with the secretary of state’s office. In order to be registered and deemed valid, the name must be original, not already in use by another company. If you attempt to submit a request for a name which is already in use, the state will reject your articles of incorporation and require you to resubmit again under another name.

The name of a corporation must include the words "corporation," "incorporated," or "company," the letters "Inc.", or "Corp." or some other phrase that signifies it is a corporation. Again, most state statutes specifically note which descriptions are allowed.

S Corporations

An S Corporation is subject to the same rules and regulations and procedures of a regular C corporation. The only difference is that an S Corporation does not have to signify anywhere in its name that it is an S Corporation, only that it is a corporation. An S Corporation’s status as an S Corporation only has to be signified when it is filing its federal income tax return, and in some cases, when it is filing its state return as well.

Professional Corporations

Like an S Corporation, the professional corporation is required to submit its name requirements in the same manner as a general corporation. The only difference is when the name is chosen it is required to have the acronyms "P.C." or “PC” or the words professional corporation somewhere in the title, or some other phrase indicating that the entity is a professional corporation