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- 1). Obtain a certificate of status for the company you wish to identify. A business association, including corporations and LLCs, is required to register with the state where it is organized or incorporated. For most states, the agency responsible for registering businesses is the Secretary of State. Contact the Secretary of State (see Resources) for the state where the company is organized or incorporated to obtain a certificate of status. The certificate will list the legal name and form of the company, as well as the company's registered agent. The cost of obtaining a certificate of status varies by state, but runs between $5 and $20.
- 2). State the full legal name of the company. The legal name of the company is listed on the certificate of status. Do not be fooled if you are identifying a company that is also a franchisee. For example, if you are identifying a company called Memphis Foods, Inc. that operates several McDonald's restaurants, state "Memphis Foods, Inc.," not "McDonald's". Additionally, you should indicate any relevant trade names or divisions to your lawsuit.
- 3). State the form of the company. The form of the company is listed on the certificate of status. In almost all instances, the company will be some form of sole proprietorship, partnership, limited liability company or corporation.
- 4). State where the company is organized or incorporated. If you are identifying a smaller company, it is likely organized or incorporated in the state where it principally conduct business. A larger business is likely organized or incorporated in a tax-friendly state, such as Delaware, Wyoming or Nevada. For example, if Memphis Foods, Inc. is a corporation incorporated in Delaware, you would mention in a line item in your complaint that "Memphis Foods, Inc. is a Delaware corporation."
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