Legal Question in Business Law in California

Re: Inc. vs. LLC in California

The Secretary of State's rules don't forbid or prevent this. Separate name-availability lists are maintained. However, this doesn't necessarily make it legal -- if any confusion, deception or trademark infringement results, that is illegal or at least subjects one or the other to civil suit.

Still, there are numerous examples in California of identically-named corporation - LLC pairs where no problems arise, probably because the companies are too far apart, too small and perhaps in too different businesses for problems to arise.

Anyone thinking about using a name that's already in use needs to do two things first: (1) inform the other name-holder to see if it objects; and (2) think about the likelihood of public confusion or the possibility of some kind of conflict or fraud. If in doubt, use another name.

Re: Inc. vs. LLC in California

yes but why do you ask, both provide limited liability to the "owners" of each company --- call me if you have a problem, i have practed in this legal area for over 30 years in the s.f east bay and know a lot of the angles