Can general partners use their last names without registering a fictitious business name?

Attorney answers (3)

1. Licensed in FL

   

   Nishat Azam

   Maitland Business Attorney

   Contributor Level 10

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   Answered January 14, 2013 09:53. More information is needed to better answer your question. (1) Is this partnership an incorporated entity? (2) If so, are the partners transacting business in names that are not necessarily the registered name of the Partnership? Generally, in Florida, (certain exceptions apply) businesses should transact in the registered name of the Business or under a DBA/Fictitious Name which must be registered with the State.

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2. 

   Robert Murillo

   Boulder Business Attorney

   Contributor Level 18

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   Answered January 13, 2013 05:52. Unless Florida has unusual laws, if you use your natural name that is not fictitious. One bit of unequivocal advice, do not use a partnership as you need to have limited liability under an LLC or corporation. Once you select the appropriate entity, then you must have an owner agreement. Doing business with anyone without a good entity and a good owner agreement is just begging for more problems than you can imagine.

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3. 

   Daniel Ballard

   Sacramento Business Attorney

   Contributor Level 19

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   Answered January 13, 2013 09:20. Read the FAQ's from the Florida Secretary of State about fictitious business names and then speak with a Florida-licensed business attorney. In California, the direct answer to your question is no, "Doe Smith" would have to be registered as a fictitious business name. Florida law may be different.

   The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and... moreThe above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry. less

   • FAQ's re Florida fictitious business names

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