My nonprofit has a name that is our "legal" name, but we're sometimes doing business under a slight variation of that name. I filed a DBA and put myself as the owner of that DBA, but someone suggested that the nonprofit should be the owner of that DBA. Since I already filed it over a year ago, how should I change it? Should I just re-file the correct way? If I do that, what does that do to the prior DBA application?
With a pending dba, the county will probably refuse to register the same name. The procedure here is to withdraw the personal dba and then file the new dba for the not for profit.
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.
Intellectual Property Law Attorney
You need to see an IP attorney. You have so many question posted in so many different areas. You are obviously hoping to DIY. That is not a smart move. You are going to have to redo this dba since you screwed it up. You now have yourself in legal exposure for filing a false dba, you have the nonprofit legally exposed for failure to file, you have apparently no servicemark registration either with the state or federal level, you have graphic design issues, and those are just some of the mess you have done yourself. Stop and hire an attorney so you get this right and don't waster more time, effort and money all to just have to redo it.
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Intellectual Property Law Attorney
Read the Fictitious Business Name FAQs published by the Missouri Secretary of State via the link below which answer most of your questions. The reason your initial filing was wrong was, as you note, you told the world, through your filing, that YOU were doing business under the fictitous business name instead of the organization you created. Good luck.
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Class Action Attorney
You made a common mistake by tying the fictitious name to you individually. You can withdraw the registration and file a proper one.
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