Hi, I have an S-Corp called ABC Inc.
Plus I have a DBA/Fictitious name as XYZ Tech.
Do I need separate accounting for these two?
DO I need separate filing of legal requirements for these two?
Do I need separate bank account for these two?
Thanks so much.
You do not need a separate accounting for tax purposes because the S-Corp will be the primary filing entity. You could have a dozen DBAs associated with the S-Corp, but they will all be reported for tax purposes via the underlying S-Corp. You may, however, want to separate them internally for your own management purposes. "DBA's" are filed with the county in which you will be doing business, whereas your incorporation is handled by the Secretary of State's office. Banking is similar to the tax issue above-one account in the name of the corporation should suffice, but the bank will want a copy of the fictitious name filings, particularly if you want those names on you bank accounts, checks, etc.
This is general information and not meant as specific legal advice for any particular situation.
7 lawyers agree
Divorce / Separation Lawyer
As a pure straight legal analysis, I would say no. In terms of what your bank requires, you are probably going to have to show them a copy of your filing of a fictitious name statement, and include them as a name on the account so they can still use your same account. There is no legal problem with this, and I would advise that if you wanted to proceed with this, you move forward in this fashion unless you have some other reason you want to segregate the accounts.
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2 lawyers agree
A separate accounting is allowed but not required.
The filing of the DBA must be renewed every five years.
A separate bank account is allowed but not required.
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.
3 lawyers agree
Well, what you need to do and what you should want to do may be two different issues. On the assumption that the dba is a business operating under the corporation [not a separate business all together] I would suggest that you have two separate checking accounts...so that you lower the chance of someone charging you with commingling funds and seek to attach the assets of both businesses...so a more robust conversation with an attorney of your choice would be helpful and may more fully answer the question.
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