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  1. #1
    Join Date
    Nov 2010
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    1

    Question Business Using Inc. After Name Yet No Records Found Supporting This

    My question involves business law in the state of: Wisconsin

    I was considering doing business with an outfit that calls themselves ____ Inc.

    And I've found there are no records of them being incorporated, a corporation or any type of DBA.

    I was under the impression that when using Inc., or LLC or any of these terms in a business name that if there is no filings or records, its fraudulent. But I cannot find not any statues or laws in Wisconsin stating this.

    Possibly I just know the terminology to find it? Are there laws for this? Or maybe I am not looking for the business listing properly.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Business Using Inc. After Name Yet No Records Found Supporting This

    It is fraudulent to identify a business as a corporation when it is not. Don't know if Wisconsin as a specific statute, but regardless, it is fraud. It is easy to set up a corporation and cheap, so one has to wonder what game they are playing. If they are not incorporated, chances are they do not pay taxes, etc. No business that is not a state registered corporation can use Incorporated, Inc., Corp or Corporation.

    There is something seriously wrong there and I would not be in any business relationship with them.

    In Florida, it is a criminal offense, including operating under a dba that is not registered with the Secretary of State. They are in effect operating under an unregistered dba as the company is not incorporated as a corporation.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Business Using Inc. After Name Yet No Records Found Supporting This

    Quote Quoting jella
    View Post
    My question involves business law in the state of: Wisconsin

    I was considering doing business with an outfit that calls themselves ____ Inc.

    And I've found there are no records of them being incorporated, a corporation or any type of DBA.

    I was under the impression that when using Inc., or LLC or any of these terms in a business name that if there is no filings or records, its fraudulent. But I cannot find not any statues or laws in Wisconsin stating this.

    Possibly I just know the terminology to find it? Are there laws for this? Or maybe I am not looking for the business listing properly.
    This assumes they were incorporated in your state. Legally, a business entity should register as a "foreign corp" in your state in order to operate, but many neglect to do so, particularly if the amount of business is negligible.

    Then, foreign corporations may be listed separately. You might decide to do business with General Motors and not find them incorporated in your state, but you cannot then assume they are operating illegally.

    I was a credit manager for a "Fortune 500 company", where we are NY incorporated. We done some business in Mississippi where we failed to register as a "foreign corporation". The result of it was when the customer failed to pay us, we had no standing to sue in the court of that state.

    If you went to check in Mississippi back then, you would not find us registered anywhere, but it was not illegal for us to do business there. You can first ask your supplier in what state they are registered in.

    In fact, I rented office space to someone operating a "one man" trading company, but he incorporated in the state of DE, not in NY where he lives, had his office in NY State, and as far as I know did not register as a "foreign" corporation in this state. I knew him personally, but had I checked, NY state wouldn't have any records on his company either.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Business Using Inc. After Name Yet No Records Found Supporting This

    In the last example, the one man trading company was operating illegally. Having an office, etc. is much more than the minimal contacts requirement that would exempt a company from registering as a foreign corporation. Also, any contract signed with the company could not be enforced in NY courts as the business did not legally exist in NY. Likewise, had the "one man" been sued, he would be personally liable for all the debts and obligations of the company as the corp. did not even exist in NY. So what is the point of incorporating in DEL when that would provide none of the protections or benefits of being a corporation. Yes, I agree, there are lots of really stupid people in business.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Business Using Inc. After Name Yet No Records Found Supporting This

    if they are not listed in any state then I would avoid them

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