I was a partner in a business (LLC) using, and registered under the name "Clark County Traders General Store LLC". My partner decided to do other things, so we closed the business (on good terms). I now wish to start a new business using the name "Clark County Trading" as a DBA/fictitious name of my sole proprietorship. Our old LLC has not been dissolved yet (working on that, but will be a couple of months). Is this OK? Do I need to be concerned with anything? Is my new name too close to my old business name?
If you were in NJ I would say that it is acceptable. However, since you are not, you should speak with a local business attorney to make sure that you can do it. You can use Avvo's "find a lawyer" tool to assist you.
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The answer to your question can likely be found on the SD Secretary of State website, or discovered by calling that office. My law firm does a lot of work in cities across the U.S. and oftentimes our lawyers find that it works best to just call before filing a document and someone at the State will answer whatever questions they have. The statutes are clear about what is allowed, but sometimes notwithstanding the statutes a filing can be rejected. So, I would suggest that you do a little research and if no answer can be found then consult with a local attorney.
Generally though, you probably want to seek counsel from an attorney whenever firing up a business. If you are successful then you will not regret having everything structured correctly on the front end, like you probably did in the past. Also, laws related to business entities are changing fairly rapidly nowadays and you don't want to get stuck in a bad situation.
The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed to practice law in Utah and Texas. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.