Discussion:Trade name, dba
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Discussion Forum Index --> Tax Questions --> Trade name, dba
| 19 December 2006 | |
| Is a trade name the same as a doing businesss as name.
also if you are an LLC how do you go about using another name. For instance. I am joe smith LLC. but i want to be able to cash checks written to joe's landscaping. Thanks, | |
Death&Taxes (talk|edits) said: | 19 December 2006 |
| Generally fictitious trade names are registered with your state, I believe, or so it is here. In Pennsylvania people used to go to the County to register them, but I believe now it is the Department of State. "Joe Smith's Landscaping" might not have to be registered if his name is really Joe Smith, but Joe's Landscaping would. | |
| 19 December 2006 | |
| Generally speaking, if you are an LLC, you probably want to use that as part of your DBA name. Some state statutes might require that to put people on notice they are dealing with an LLC. Worse case scenerio, you lose limited liability by not using LLC or something similiar when dealing with the public. | |
| 19 December 2006 | |
| What I have done in Oregon is created the LLC then filed an ABN under that LLC if the ABN is at all different than the LLC. | |
Bottom Line (talk|edits) said: | 21 December 2006 |
| Check with your state regarding ficticious name. Banks probably won't cash checks (but might accept for deposit) checks payable to Joe's Landscaping. | |
| 21 December 2006 | |
| I am in NJ and i thought that NJ will only allow DBA if you are a foreign corp and your name is currently in use. | |
| 21 December 2006 | |
| I can speak for the state I'm in which is not NJ, but these type laws tend to be fairly similar. In my state all entities can use a fic. name. Even though there is not an official name search involved, make sure the fic. name you want to use is not similar to someone elses name, certainly not in your geographic area. Then, it's usually a matter of filing paperwork in your highest county court, and you can usually find this out by calling the Deed Room in the county where the business is located (the highest county court, not the highest court in the state, usually handles real estate matters, and fic. names are usually handled by the same dept.). It's a matter of filing usually a two page legal document that links the fic. name with your real name, and then publishing in your local LEGAL newspaper of record for a set number of weeks. The Ct. Clerk may have the form, but will not give legal advice. Most courthouses have law libraries that the public can use, but really, unless you have a lot of time on your hands to do it right, I'd probably hire a lawyer. | |
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