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Changing DBA name

Metuchen, NJ |

I started an LLC with a DBA name, which I would like to change. Is it generally better to add another DBA name (2 DBA names under the LLC) or unregister the first DBA and then register the new DBA? In either case, how do you make that change? Thanks.

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Attorney answers 3

Posted

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.

That being said, I am assuming this is for doing business in NJ. Are you an LLC from outside of NJ? If so, you can use a DBA. If you are an LLC that was formed in NJ, you must use an 'alternate name.' In both cases you cannot register these names online, but by filing the proper form and supporting documents. New Jersey's state website has some good information on this: i.e. http://www.nj.gov/treasury/revenue/altname.shtml; however, business name issues raise a host of other questions - trademark, etc. - that you may wish to discuss with an attorney. Whether to unregister a name, etc., is one of those questions.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

/Christopher E. Ezold/

The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

Answered 8 months ago. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified. /Christopher E. Ezold/ The Ezold Law Firm, P.C. One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com

Posted

In New Jersey, you will file an Alternative Name with the Division of Revenue. It is best to have a LLC lawyer review your Certificate of Formation, Operating Agreement and other documents to make sure what have have done is proper an meets your needs.

Good Luck

Ron Cappuccio,
856 665-2121
www.LLCLawyer.com

If you do not like this answer or disagree, please look at one of the other answers provided. It is not necessary for you to try prove this answer is "wrong" or something with which you do not agree. This is a free service for you based on limited facts. Nevertheless, many times you need to consult an attorney with the details to get actual advice specific to your concerns. Do not put too many details in your questions or comments because this makes the information public and could hurt you. Government Regulations contained in IRS Circular 230 regulate written communications about Federal tax matters, including e-mail, between us and our clients. This is another attempt by the government to limit your rights and to extend the control of government over individuals and businesses. Nevertheless, such communications are either opinions or other written communications. This is not an opinion. It is other written communication and was not written to be relied upon, by itself, to avoid any tax penalties. In order to receive assurances of protection from tax penalties from a written communication, you should get an opinion letter. If you would like to discuss an opinion letter relating to any matter, please contact me and I will explain what is involved and what it will cost.

Posted

Generally speaking, submitting a form to change an LLC's trade name is fairly straight forward. I agree with previous counsels' answers and impress upon you the need to have an attorney review the LLC's operating agreement, certificate of formation, and any other governing documentation.

Disclaimer: For a free consultation contact me directly at 973-519-0196 or adam@LefkowitzLawOffice.com. If this answer was helpful, please mark it as helpful or as a best answer. Answering questions on avvo.com does not create an attorney-client relationship. You are strongly encouraged to seek and retain your own counsel. Information and answers posted to this website are for general informational purposes only.

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