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Do I need an other LLC

Kansas City, MO |
Filed under: Starting an LLC

I am have LLC for my current business and I am doing DBA as a different name which is a register fictious name is that fine? or do I need to have an LLC for DBA as well?

Thank you

Attorney Answers 3

Posted

Any corporation or LLC can (obviously) use its own name, or any number of ficititous business names. ABC LLC can dba DEF, GHI

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 avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

a "dba" or registered fictitious name gives you no protection from creditors; it is just that, a name, and the owner of the name is the one liable for any debts. The purpose of registering the name is to comply with the Missouri statute that makes it a misdemeanor not to do so, and prevents a claim for fraud because you are hiding behind a name that is Not registered. And, just filing a Registration of Fictitious Name gives you not protection for that name. 50-100 people can register the same name and do business under it. For protection from creditors, and to protect the name itself, you should create another LLC.; Incidentally, many people are confused by the simple procedure of going on line and filing Articles of Organization. That does NOT give you adequate protection; you must have a complete Operating Agreement as the internal document. You should use an attorney.

This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.

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1 comment

Michael Charles Doland

Michael Charles Doland

Posted

On all Avvo questions, you should always give special attention and consideration to a lawyer licensed in your state.

Posted

I wish I had Leaonard's time to explain but in general you can name your business whatever you want so long as you use the LLC correctly in all contracts and representations to others. Good luck.

NOTE: The use of the Internet for communications with the firm or this attorney will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.

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