When you start a corporation, one of the first steps is selecting a name for your company. There are two considerations when naming your company:
- The name must be distinguishable from names already registered
- The name must meet the standards laid out by Wyoming State law
Choosing a Distinct Corporate Name
Wyoming Statute 17-16-401 specifically refers to naming your corporation, stating: “a corporate name shall not be the same as, or deceptively similar to” the names of businesses already registered within the state.
It is generally a good idea to start by conducting a Business Entity Name Search. This will reveal if the name you are interested in is already registered.
Note: If your name is not found by a Business Entity Name Search, there is still a chance the Secretary of State may reject your name. The final authority on which names are available is the Secretary of State’s office itself.
The Secretary of State does not consider the various business suffixes (LLC, Corporation, Incorporated, etc.) as distinguishable from each other. In other words, John Smith LLC is not considered distinguishably different from John Smith Incorporated. Having a different suffix is not enough.
Staying Within Wyoming State Law
Unlike most states, Wyoming does not require a corporation to have a corporate suffix. This means you are not required to include Corporation, Incorporated, Inc. or Corp. in the name of your business.
However, state law does specify that a corporate name “may not contain language stating or implying that the corporation is organized for a purpose other than that permitted” by law and by the company’s Articles of Incorporation.
You could not, then, name your corporation Joe Smith Taco Stand and open up a store to sell video games.
Name Reservations
If you are concerned that your company name might be registered in the near future, you can file an Application for Reservation of Corporate Name. This form is filed with the Secretary of State’s office by mail. You must pay a $50 filing fee.
When you file a name reservation, the name will be held for 120 days, during which time you must submit Articles of Incorporation. After 120, if you have not submitted Articles of Incorporation, the name will no longer be reserved.
Make checks and money orders payable to: Wyoming Secretary of State.