I had a company file my incorporation documents with the state of Delaware.
I told them I want my company name to be "XXX, INC."
Then I recently noticed in the certificate of Incorporation my company name is written as "XXX, INC" , without the period at the end.
So to check how the company is actually registered, I went to Delaware's website and searched for my company https://delecorp.delaware.gov/tin/GINameSearch.jsp
The result showed the company name is indeed registered as ", INC", without the period at the end - not the way I wanted it.
Now, will there be any complications if I used ", INC." in my everyday business. or if used it in legal forms? or I should start using ", INC" without the period at the end?? Will the state recognize ", INC."?
I understand your frustration. You could demand that the company pay to amend the articles to reflect your instructions.
If it is not changed, however, there should be little legal issues over using or not using the period. Ideally, all documents, checks, accounts, and the like should reflect the exact business name. That said, the period's inclusion or lack of use should not have a substantive effect on veil piercing or other legal issues. Good luck with your business and see if the incorporation company will correct their mistake.
This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.
I agree with Attorney Murillo that it likely won't create any additional liabilities for your company. However, I am a big proponent of the theory that you should get what you pay for. So, unless your instructions to the company were unclear, they should fix their mistake. Depending on the agent you used, I believe most companies are happy to rectify any mistakes - they want a satisfied customer who will become a repeat customer and recommend their services to other customers. In summary, while I think you'd be fine to operate your business without the period, I think you should approach the incorporator to see if they will correct the problem.
This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation
Next time consider using Nevada.
The impact will be negligible. Obviously human can mistake the lack of the period at the end
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