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.
Health Care Lawyer
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
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
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.
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Real Estate Attorney
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.
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