Can I continue to practice my business under my maiden name now that I am married with a new name?

Asked about 5 years ago - Gaithersburg, MD

I am a sole proprietor and have been using my maiden name as my business name. If I change my name to include my husbands surname can I still do business under my maiden name only?
Are there any other changes that would need to be made in this case?

Attorney answers (1)

  1. Seth Hamilton Kramer

    Contributor Level 8

    Answered . Hello:

    There is no requirement under Maryland law that would require you to change your business name. However, it is probably prudent to register your business name with the State Department of Assessments and Taxation (SDAT). Here is a link to the SDAT filing form: http://www.dat.state.md.us/sdatweb/nameappl.pdf

    Please note that as a sole proprietor, you may not include in the name any language which might imply another form of business (ie, Inc., corp., etc.). Also, as a general matter, you may also want to consider forming a single-member limited liability company (LLC) in lieu of operating as a sole proprietor. Single Member LLCs can offer the liability protection of a corporation without any change in your tax status. An LLC can protect your personal assets from collection on any debts owed to business creditors.

    Best Regards,

    Seth Kramer

    The Kramer Law Firm LLC
    3 Bethesda Metro Center
    Suite 700
    Bethesda, MD 20814
    (301) 961-1503
    www.kramerfirmllc.com

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