Sole proprietorships are the most common DBA filers. You are doing business as yourself. However, if your business intends to use a name different from your own, such as City Styling Salon or The Final Cut, you will need to file DBA forms to make it clear to the state, and your customers, who is behind the business. That is the reasoning behind such forms — making sure customers know the name of the business owner. The same is true if your partnership, LLC, or corporation wants to do business under a name different from its legal name.
This would be the case if, say, the Veggies R Us corporation decided to spin off its ice cream business, naming it The Cream of the Crop. The Cream of the Crop would need a DBA filing since the name being used is different from its parent corporation. For more information about where to file, check here. Registering a company or a company name is different from registering a trademark. By registering your company name as a trademark, you ensure that no one in any state can use the company name or logo.
Taking this additional step can ensure that your company name remains unique so that customers will find your company instead of a competitor. Remember, DBAs offer little legal protection. It is a great way to have the right to use the name, but it doesn't usually give you exclusive protection. Using DBAs and trademarks together offers the best of marketing and legal protection.
Setting up a DBA is relatively easy. Here are some general steps you need to follow, but there may be state-specific requirements that you can likely find on the respective Secretary of State's website.
These common questions can help you assess some of the basics as you ponder creating a DBA for your business. Whether or not you are required to have a DBA depends on where you conduct business. Most states require registration, and some do not. Check with your state and local government to determine if you need to register.
You can often find this information on the Secretary of State's website. This is good information to know. If your state does require a DBA and you fail to register, you may face penalties. Even if registration isn't required in your particular state, establishing a DBA may be a good idea. It helps keep your business legally compliant, making it easier to set up several businesses.
When you register a DBA, you will want to know and track its expiration date. Most states require the renewal of your DBA, but the time to renew may vary. For example, if you register your business in California, you'll need to renew the DBA after five years. In Texas, you can use the DBA for 10 years, while in New York, no renewal is necessary as there is no expiration date.
In many states, a DBA registration is good for five years before it requires extension or renewal. It is important to keep track of expiration dates on your DBA for the welfare of your business. What if you decide not to renew your DBA? If you no longer want to use your DBA, you should cancel the registration to avoid confusion and potential legal issues.
Here are the steps you must take to cancel a DBA:. There are several reasons a business owner may want to close a DBA. They could be planning to retire, they could have sold the business to someone who plans to start with a fresh name, or they could have reorganized somehow as a different type of business entity. Regardless of the reason, canceling a DBA typically involves contacting the authority that registered it, submitting paperwork, and sometimes paying a processing fee.
DBA's don't have to file separate taxes - taxes for money generated through a DBA will be included as a part of the business return. However, the frequency of taxes are filed depends on the way the business is structured. A sole proprietorship files taxes annually unless the business makes no income all year. You can use your Social Security number when you file your taxes.
However, sometimes banks require a business to have an EIN to open a business bank account. Having an EIN and a business bank account establishes legitimacy for your business. I opened a etsy shop just to sell crafts I made. They are tables that are collaged with comics. The etsy shop has superhero in the name so it represents what type of items they are. Great idea! Generally speaking, a DBA will need to be filed for every name and every variation of a name the business will go by.
Should you have any additional questions, feel free to call for a free business consultation! Ask directly for Katie Hendrix and she will help you out! Is there a chat line or email I can contact her at? Hi Gilbert — yes we do! Alternatively you can email her directly at: khendrix corpnet. Do you need to file a DBA, or other documents, in NY state when you purchase a franchise and operate as a sole proprietor? Generally, a sole proprietor is required to file a DBA as a to assure that they have rights to use that name in business, as well as accept payments under that name.
If you need any assistance in filing your DBA, or have further questions, please feel free to call my co CorpNet for a free business consultation. If I have an LLC would my dba name be the name of my franchise? Or do I have to have the name of my franchise and something descriptive to the area to separate from the actual fanchise so it is specific?
If you have more questions or would like to speak with a business consultant, please feel free to call my co CorpNet for a free business consultation. Ask directly for Katie Hendrix and she will gladly assist. Great information. I want to start selling some products I design online Using a domain name thats different from my business name.
Do I have to file a new D A for the ecoomer e site? All online sales will go through my business bank account thats already set up. Generally, it is required for a business to file a DBA for every variation of the name they plan on doing business under.
This does include domain names. If you have additional questions or would like to chat further, feel free to call my company for a free business consultation. Ask directly for Katie Hendrix — x Tasty Ice Cream.
One partner wants to open another store as a sole propitiatory but knows the other partner will not let the new store open under the same name unless its a partner ship. Michigan is actually one of the few states where DBA names are protected, so if there is already a DBA registered under a particular name, generally the Secretary of State will not approve and file the name as a corporation or LLC.
We have a website makeproduct. Is it ok to register business name as Making Product but still have the makeproduct. If the business is going by any name differing from the full, legal business name even if the only difference is.
This will allow the business owner to do business using either name, as well as accept payment made out to either name. If you need any further assistance, please feel free to contact my co CorpNet — we specialize in filing DBAs! Ask directly for Katie Hendrix x Ex… If I am selling online under JohnsShoes.
Just using JohnsShoes. Thank you! If you have further questions or concerns, please feel free to contact my co, as we offer free business consultations. Thank you for your article. Some have told me that the Amazon screen name is just that, a screen name.
Just a bit confused about this and would like clarification. As far as the screen name, will you be accepting payment made out to that name, or advertising your business as such? If so, a DBA is generally required. Thanks Nellie for your response. Plan to set up the bank account with the official LLC name for Amazon payments. Hope that makes sense. Thank you again for your time and consideration. If you will not be doing business as your screen name, and you are not concerned about protecting it, it probably is not necessary.
If in the future it becomes something you want to get registered, you can always do so at a later date.
We have an electrical contracting company In suffolk county ny. The current company is a c corp. Do we have to change the name on the electrical license for the DBA. Thank you for your help. I started my business in Sept. I have not done a DBA still. I would like to do it soon, but am I going to get some kind of penalty for waiting so long? Thanks for your help! A DBA can be filed at any point during the life of the business.
My company actually assists with filing DBAs and also offers free business consultation. Typically, this can be done either way. Many business owners will opt to have multiple LLCs rather than multiple DBAs underneath a single LLC, in order to keep them separate and add another layer of protection.
If you have any other questions, or would like assistance setting up another LLC or DBA , please contact my office for a free business consultation. Hi I have a question. My boyfriend wants to open up his own business and he would like for it to be named after himself. His first name and middle name. Such as Michael Anthony. And does it matter if he adds an apostrophe S. Good question. If you or he have any other questions, or would like assistance setting up the company, please contact my office for a free business consultation.
Can 2 businesses have the same DBAs in the same county if they are two different types of business? Hi Dave, Great question! In most states yes, two different businesses can have the same name for a DBA.
There are a handful of states however that will not allow this. My company assists in filing DBAs and can check the name availability for you at no cost. Just give my office a call at x, and ask for Katie Hendrix at extension I already have my DBA and it will be expired pretty soon. Would you please advice where to find the document number of the DBA? DO I have to go to the office?
In that case, what I should take there? I have opened a bank account for the business at the bank that I have banked at for years. If you have any other questions, please feel free to call my office for a free business consultation. You can call Katie Hendrix at x If you have any other questions or would like assistance with filing a DBA, please give Katie Hendrix in my office a call at x I am trying to start a business in CA.
I want it to be a DBA. Can I really not use my apt address if I am not even using my apt for anything? Also would zoning laws apply even if I am not using my apt to conduct any type of business? What do other people who live in apts do? I would suggest speaking with a manager in your apartment complex to get some clarification.
They may allow you to use their address for the business address on file as long as you are not physically conducting business on their premises. Otherwise, there are some services that will be able to provide you with a physical address you can use for a fee.
If you have any other questions or would like assistance in setting up your DBA, please feel free to contact Katie Hendrix in my office for a free business consultation at x Can a LLC come and operate in the same county as me if I already have a sole proprietor dba registered with the county clerk.
We both have the same names, they have an assumed name under an LLC and I just have a dba with the county clerk. We both operate the same type of business that offers the same goods, we are in Michigan. If you have any other questions, please feel free to contact Katie Hendrix in my office for a free business consultation at x Hey Nellie I have a construction company in ca and run as sole proprietor. But have 3 sons all who will be working for the company and was wondering what is the best way to protect the company and preserve and add them to the license.
I was told a llc would be best and would also protect me from harmful situations personally. Our labor force is union but my sons will not be. Workmans comp wants me to pay into for them for license is not written up that way.
Can you please assist on what would be good for us thanx your so kind and very knowledgable thanx dennis!!! If you have any other questions or seek further guidance, please feel free to contact Katie Hendrix in my office for a free business consultation at x I am starting up a magazine and need to know which type of assumed name certificate I should get to do this?
If I expand my magazine to also t shirts and other merchandise do I need a certain type of certificate? How you structure your business is ultimately up to you. I find that LLCs tend to be the most popular option because they not only offer liability protection, but are quite simple to maintain.
If you have any additional questions, or would like a free business consultation, please contact Katie Hendrix in my office at x I am preparing to open a bar in my county Riverside, Ca. A requirement for the Fictitious Business Name paperwork is the location of my business. Is it possible to use my current living address on the form? I want to start an LLC with my name ie: dylan enterprises llc. Is that possible?
Generally, yes. Are you currently registered as a sole proprietorship and want to transition into a corporation or LLC? My company can absolutely assist you with filing all the necessary paperwork. Please just call our office for a free business consultation and we can help you get started: Ask for Katie Hendrix.
I submitted a dba form online for colorado and now what do i do. Is there a document that comes in the mail. It didnt really outline what is next how can i go to the bank. How long ago did you submit the form?
DBA filings can often take up to weeks. Once everything has been approved, they should be mailing your documents back to you. I am an entrepreneur, my company sells tutoring services online. I incorporated a corporation in Delaware for my online business in August , with a completely different name from the one of my website.
My first sales where in , with the name of my website. Those sales were not significant, as we were just evaluating the market, but should I worry about those? What can I do to fix that? Generally the DBA will need to be registered in the state where the corporation is filed. If you have any additional questions or need assistance with filing your DBA, please call Katie Hendrix in my office for a free business consultation at x I know I can use the DBA for advertising, but what about invoices and statements?
Do I need to put the legal name and trade name or just the trade name? I would probably recommend speaking with an attorney to find out exactly which name needs to be used in which specific situations, however generally when a DBA is filed either the LLC or DBA name can be used.
Do I need to file seperte taxes on the DBA? If you have any other questions, please feel free to call Katie Hendrix in my office for a free business consultation at x Hello, I run a small, side business filming weddings and such.
My business name is Ty Albers Videography. I am in the state of Florida. Am I required to get a DBA? Generally, in order for a business to have the rights to a business name, they are required to file a corporation, LLC, or DBA. Otherwise, there is no name protection. Additionally, without a corporation or LLC there is no liability protection.
Hi I want to open a cleaning company using the name Williams Cleaning Co. Do I have to file a DBA for using my last name? Generally a DBA or corporation or LLC is required in order to have the rights to use a business name, regardless of whether your name is a part of the business name or not. If you have any other questions or would like assistance with filing your DBA, please contact Katie Hendrix in my office for a free business consultation at x My wife has an insurance agency in her name LLC that we both work at.
We are thinking of opening a DBA and taking on a partner. I assume we would need to get a new tax ID, as well as a DBA but I am wondering if a DBA is the best way to go about doing it or should we just open a new business all together. You have several options. I would recommend calling Katie Hendrix in my office for a free business consultation, and she can explain each one to you in detail. She can be reached at x Hi Nellie, Thanks for providing this great resource.
My question is in regards to receiving payments. The reason for this is because I only want one bank account. Thanks for your time and response. All the best, Steve. They would be best suited to assist you with this inquiry as they are most likely familiar with the requirements in your specific area. You are always welcome to call our office for a free business consultation as well, at Hello— I formed a LLC for a business but now for reasons of simplicity would like to dissolve the LLC as the nature of the business does not need that level of liability protection— but I want to continue the business as DBA.
How is that done? Can I change from one to another and keep the existing bank account or will that entail opening a new account under the DBA with a new EIN? Great question! If I am selling stuff through another website like amazon or ebay does my seller profile need to be registered as a fictitious name? I would recommend speaking with an attorney, as a law professional would best be able to advise you as to whether or not you will be required to register.
If you need any assistance with filing a DBA or fictitious business name , please feel free to call Katie Hendrix in my office for a free business consultation at x Using DBAs to save on costs is particularly retarded!
I laughed when I read that! All business activities should be done through separate operating LLCs. No assets of value should be held in those LLCs. For thermonuclear protection, the holdings structure should consist of another LLC formed in Belize with a Cook Islands trust as its member.
To protect against nuclear fallout and for a stealthier profile, all entities should maintain foreign bank accounts in secrecy jurisdictions.
For example, the Belize foreign LLC act provides that a creditor must first deposit an amount equal to half of the amount claimed or fifty-thousand dollars, whichever is greater, to the supreme court registry before proceeding with a lawsuit. How many butt-head ambulance chasers will attempt to pursue an entity like that? Not many! As you can see, there is a half-assed way to form a corporate structure and a way to form one correctly.
I also will have a domain name cipis. Is this correct? Secondly, as the actual business will be more serious and will seek Small Business Innovation Research SBIR grants, I will hopefully be getting work from agencies in DC or elsewhere, and, likely, publishing work in journals.
Is this also correct? Finally, does getting grants from DC really mean I should register the fictitious names there? That is correct. The DBAs will need to be registered in the same state as the LLC which generally will be filed in whichever state the business address is located.
As far as the trademarks are concerned, they do not necessarily have to match exactly or at all to the name of the LLC. If I am already planning on getting an LLC for my business. If you have any other questions or need assistance with these filings, please feel free to call Katie in my office for a free business consultation at x If so am I going to get in trouble when filing the DBA since I have already been using it for a few months now?
Thanks for the reply: Ps: I am planning on filing and paying taxes as a Sole Proprietor. This will allow you to conduct business under that name, as well as open a bank account under that name.
If you have any additional questions or would like assistance with filing a DBA, please feel to contact Katie Hendrix in my office for a free business consultation at I have registered my single-owner LLC in Pennsylvania. Our fictitious name form in PA has two sections: one that asks for all individuals interested in the business receiving the fictitious name, and another that asks for the entities interested in the business. I was thinking that my individual identity was being distanced from the business when I established the LLC.
As above, I am confused as to whether I should list my individual name as well as the LLC name in the ads as being interested parties. Should I use my own name, also? Someone wrote that only individuals needed to advertise, but that was an isolated opinion repeated nowhere else…. DBAs, or fictitious name filings, can be quite tricky. Please feel free to contact Katie Hendrix in my office at x Is liability protection or name protection important to you? DBAs generally do not offer this type of protection.
I would recommend contacting Katie in my office for a free business consultation at x, and she will be able to discuss your options with you. I have an LLC but will be setting up an ecommerce retail website. If you have any other questions or would like assistance in filing your DBA, please feel free to contact Katie in my office for a free business consultation at x Is that correct?
Is your business operating under a different name other the LLC name? This is usually the reason a DBA would be needed. Generally if a business is operating in a state other than the filing state, a foreign qualification is required rather than a DBA.
If you have any further questions, or if you would like any assistance in filing a foreign qualification, please feel free to contact Katie Hendrix in my office for a free business consultation at x Would a new dba filing be required. We are an architecture firm with a S-corp in California.
You have a couple options here — one is to change the name of XYZ Inc. The other option is to file ABC Inc. If you have any other questions, or would like assistance in filing an amendment, corporation, or DBA, please contact Katie Hendrix in my office at Hi Iore — Great question. If you have any other questions or would like assistance filing a DBA, please contact Katie Hendrix in my office at x Hi great section very informative, my question is this: If if want to start a company called Clark Locksmith do I need a DBA seeing as my last name is Clark?
Hi Chris, You have several options as to how to structure your business. If you have any additional questions, please contact Katie Hendrix in my office at She can also assist you with filing your company!
I just wanted to reach out to you to see if you had started your company? I would love to assist you and answer any questions you might have.
Please feel free to call me for a free consultation at Im confused, I currently have a dba I just started. But thinking I want a llc of a different name to protect my personal assets. Can I close my dba and start a llc? Its a personal training business. Yes absolutely! And we can assist you with that.
Please feel free to contact Katie Hendrix in my office for a free business consultation at I am military wife with a floral and stationery business. Usually, an LLC will only be required to be filed in the state where the business is physically located. Please feel free to contact Katie Hendrix in my office at Hello Nellie, I saw your site and I was hoping that you could help me answering some of my question First I was working as a caregiver under the angency and giving me a , now the agency is asking me for DBA.
Does a caregiver is a business that I need to file a DBA. Does DBA can hurt me or gives some kind of protection in anyways. Generally a DBA does not offer liability protection for the business owner s.
She would be happy to outline your options for you, as well as answer any additional questions you may have. Hi Nellie, I would like. Christian University ss and my church corp non profit is Power kingdom. If I file the dba Christian University ss under Power Kingdom what does it mean legally speaking, I am assuming that all the responsability goes for Power Kingdom, right? Please help to decide whats the right way to bring this University to my church without been our responsability.
Do I need a dba for a womans ministry that is part of our non profit church in order to have a separate bank account and advertise this ministry and get funds from members. Or do I need to file another Corporation non profit.
Or do I file with the state a chapter of the church? Great questions. Because your situation is so specific, I would urge you to contact Katie Hendrix in my office for a free business consultation at She can assist you with outlining all your options, as well as assisting you with the filings.
Because it is an website, and we are accessible in all 50 states, do we have to file a DBA in all 50 states? Transactions can occur anywhere, but does that matter or do we just need to file a DBA in the state in which we filed our LLC? In some states, you might also have to place a fictitious name ad in a local newspaper for a certain amount of time.
Some states allow you to pay online, while others may require a money order or cashier's check. In addition, some states will allow you to file your paperwork online, and others want notarized documents. If you operate under an assumed name that has not been registered, you can get hit with big fines from your state regulatory agency. In many states, you must renew after a set amount of time.
Be sure to stay on top of when you must renew your DBA, as letting it lapse can have a severe impact on your business from a marketing perspective. Certain states also require you to file a new DBA if the information provided in the original filing changes, such as a change in officers for a corporation , partners for a general partnership , or members for an LLC. Note that in some states, you can simply file an amendment under these circumstances. In most cases, it is not necessary to hire a business attorney to help you file.
The process is simple enough that most business owners can handle it on their own. However, if you're confused about the process or have a more complicated business situation, it's always a good idea to seek professional help. You should file a DBA if you don't want to operate under your own name or the name under which your business is legally registered. Besides these scenarios, there are a few crucial reasons why you should consider registering a DBA name.
We recommend that every business owner opens a business bank account separate from their personal bank account. That's because separating your business and personal finances will protect your personal assets in case of a lawsuit, preserve your personal credit score if your business fails, make your bookkeeping and taxes that much easier and generally make you look more professional in the eyes of your clients and small-business lenders.
And without an EIN, you can't open a business bank account. Owners of LLCs or corporations have certain legal protections such as safeguarding the owner's personal assets if the business is sued.
And although a DBA doesn't provide you with legal protections in itself, it does further separate you from your business. In the unlikely scenario that your business is sued, for instance, you could offer up your DBA as evidence that your business and its assets are an entity separate from you and your assets. Additionally, some clients might require that you have a DBA in order to contract with you, or some business lenders might require that you have one before extending any small-business loans to your business.
Your brand name is the public's first impression of your business. Ideally, your business's name should reflect your product or service, and give people a reason to become paying customers.
0コメント