what is the legal penalty for a business respresentation itself as
being incorporated when in fact it is not?

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Request for Question Clarification by mvguy-ga on 22 Oct 2002 10:25 PDT

In which jurisdiction (country, state, province, etc.) is this
business, and in which jurisdiction(s) has it mispresented itself? 
Also, has the misrepresentation harmed anyone, and how?  Thanks.

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Clarification of Question by a2tennisgirl-ga on 22 Oct 2002 13:15 PDT

This is in Palm Beach County, Florida  To my knowledge, at this time,
no one has been harmed by such misrepresentation but since I
personally feel that arbitrarily adding "Inc." to signage, telephone
messages, etc., it gives the consumer a different impression.  This
business is just starting up so they have not had that much
opportunity for harm to be done.

Thanks for your help.

As a Researcher for Google Answers, I cannot provide professional
legal advice; I can only provide the results of my research.  You
should consult a lawyer licensed to practice in Florida (and
especially a lawyer who practices in Palm Beach County) to determine
whether the information I provide is complete and correct.  I can only
act as a layperson, and cannot claim any special ability to read the
statutes and ordinances in Florida.

It appears, from looking the Florida statutes on crimes, that a person
who does business under a corporate name without being registered as a
corporation would be in violation of Section 865.09 (Fictitious name
registration); see especially subsection 14.  Violation of this
section is a "misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083".  Those sections provide that convicted
offenders may be sentenced to "a definite term of imprisonment not
exceeding 60 days" or a maximum fine of $500.

"The 2002 Florida Statutes: Title XLVI"
Online Sunshine: Official Internet Site of the Florida Legislature
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLVI#TitleXLVI

"865.09  Fictitious name registration"
Online Sunshine: Official Internet Site of the Florida Legislature
http://www.leg.state.fl.us/Statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0865/Sec09.HTM

"775.082  Penalties; applicability of sentencing structures; mandatory
minimum sentences for certain reoffenders previously released from
prison."
Online Sunshine: Official Internet Site of the Florida Legislature
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec082.HTM

"775.083  Fines."
Online Sunshine: Official Internet Site of the Florida Legislature
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec083.HTM

It seems possible that this activity would also violate one or more
provisions prohibiting false pretenses and premises (such as Section
817.06, or Section 817.41, which is defined in part by Section 817.40
and for which the penalty is provided by Section 817.45.)

"Chapter 817:  Fraudulent Practices:  Part I:  False Pretenses and
Frauds, Generally"
Online Sunshine: Official Internet Site of the Florida Legislature
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0817/PART01.HTM

It is also conceivable that this activity would violate Section 9-19
of the Palm Beach County Code of Ordinances, for which the penalty is
provided by Section 8.5-26.

"Palm Beach County Code of Ordinances" [search for 9-19 and for
8.5-26]
Municode
http://livepublish.municode.com/7/lpext.dll?f=templates&fn=main-j.htm&vid=10323

Again, because I am not a Florida lawyer, I cannot give a professional
opinion as to whether one or more of these statutes or ordinances
might be applied in this situation.  You should take this information
to a Florida lawyer if you want a professional opinion.

- justaskscott-ga


Search strategy:

Found Florida statutes through http://www.washlaw.edu

Searched on Google for "palm beach county" in order to find Palm Beach
County ordinances

Answer was thorough, complete and easy to understand.  Also offered
advise regarding follow-up.  Thank you.