Also known as:Inc · Incorporated · incorporated · corporation
Written by attorneys · grounded in primary & secondary sources — see below
An abbreviation appended to a business name to signify that the entity is a corporation formed under state law.
Sources & Authorities· 25 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Waiver Request to Corporate Defendant
Imani Idowu sued Integrity Partners, Inc. for breach of a supply agreement. Her counsel sent a written notice and request for waiver of service to the corporation's registered agent. Integrity Partners, Inc. complied by returning the signed waiver form, thereby avoiding the expense of formal summons service.
Veil Piercing for Commingled Funds
Iris Irons obtained a judgment against Island Manufacturing, Inc. She then sought to reach the personal assets of its sole shareholder. Evidence showed the shareholder had commingled corporate funds with personal accounts and failed to observe corporate formalities, allowing the court to disregard the corporate form.
Indigo Textiles, Inc. was sued in federal court by a supplier. The corporation maintained its principal place of business in the district and was subject to personal jurisdiction there. Venue was therefore proper under the statute governing residence of entity defendants.
Post-Formation Memorandum
Iain Irons orally agreed to sell land to Iris Energy, Inc. Two weeks later Iris Energy, Inc. signed a written memorandum confirming the essential terms. The memorandum satisfied the statute of frauds even though it was executed after the oral agreement.
Totality Test for Undercapitalization
Ilana Isaacs sued Island Manufacturing, Inc. after it defaulted on a contract. The corporation had been formed with minimal capital, paid no dividends, and kept no corporate records. The court applied a totality-of-circumstances analysis and pierced the veil to reach the dominant shareholder.
Alter Ego Shell Corporation
Ian Iverson obtained a judgment against a shell corporation controlled by its sole shareholder. The entity had been used solely to avoid personal liability, was undercapitalized, and disregarded corporate formalities. The court applied the two-prong test and held the shareholder personally liable.
Common questions
Frequently Asked
3
What does the abbreviation Inc. indicate about a business entity?+
It signals that the entity has been incorporated under state law and therefore possesses a separate legal personality from its owners.
Does use of Inc. in a company name automatically shield shareholders from personal liability?+
No. Courts may still pierce the corporate veil when unity of interest exists and adherence to the corporate form would sanction fraud or injustice.
How does the Inc. designation affect venue determinations for an entity defendant?+
An entity defendant is deemed to reside in any judicial district where it is subject to personal jurisdiction, regardless of incorporation status.
5 U.S. (1 Cranch) 137 (1803)Property
…defined mandamus as a command issuing in the king's name from the Court of King's Bench directed to any person, corporation or inferior court requiring them to do some particular thing appertaining to their office and duty and which the court has previously determined or at least supposes to be consonant to…