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Can a Transgender person set up a Incorporated company in her new name and with shares in anticipation of changing sex and name?

Los Angeles, CA |

I'm a 35 year old professional and currently secretly undergoing counseling for Gender dysphoria and within the last few weeks have decided over the next three years to begin the painful process of changing sex and transitioning . I want to prepare for myself financially and set up a new Delaware company with the shares in my planned new female identity but use my current male name as a director and then later to change this to my new female name and move to a new state (i.e San Jose, CA) to start a new life. Is it possible for me to do this under my new female name now pre transition with the intent to change it later , what would the legal barriers to me doing this and what would the best legal method be to achieve the objective without unintentionally breaking the law ?

Attorney Answers 3


The state doesn't really care what you call yourself for the purpose of setting up companies. Lot's of people use an alias, and so long as it's not for fruad, no problemm. Why a corporation is necessary for your to start a new life is totally unclear, and probably irrelevant.
Good luck.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

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I have agreed with the answer below. I'm wondering why you feel that need to set up an entity under the new name. The problem with setting this up with your new name is that, until it is legally changed, you will not have a SS# associated with it. So when you set up the entity as the owner with the new name and your SS# the IRS will find that it does not match and you will not be approved for an FEIN number, which is needed to open bank accounts. If your intention is for privacy sake only and not to defraud the IRS then you can set the entity up under your current name and change ownership once you've legally changed your name. There are a number of creative ways to keep your identity anonymous without committing fraud.
Also, I think that you should keep a close journal about your experience and write a book about it! This can also be accomplished under a pen name. ;)

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Sure can. I don't see any legal barriers or intentionally breaking of the law. However, your notice to the Secretary of State would have to be updated when your name is changed.

No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.

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