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Partnership dividing their name in half, for 2 different types of busnesses, instead of using the name of their partnership?

San Luis Obispo, CA |

Is it legal for a partnership named "One Two Three Four Five Six" to use 2 different names for two different types of business activities.
For example, to use the name "One Two Three Company" as the name of the owner of several rental buildings they own, and the name "Four Five Six" as the name of the company that does property management of their own rental buildings and also many other buildings owned by other owners, as if being 2 different companies?

Attorney Answers 3

Posted

A partnership named "One Two Three Four Five Six" may operate under one or more fictitious business names, or "DBA's". Fictitious business name statements must be filed with the County in which the principal place of business is located. Therefore, the partnership may use the name, hypothetically, "One Two Three" or "Four Five Six". However, using the word, "Company", suggests that the business is a corporation or LLC, which is not permitted under these circumstances.

On a side note, I strongly recommend that the partnership NOT conduct multiple business activities under one partnership. In most cases, property management companies are operated as corporations and rental real estate is owned by an LLC or limited partnership ("LP"). Speak with a business attorney about this. I would be happy to help.

To schedule an appointment for an attorney-client privileged consultation, contact me at 530-231-4949. This response is not intended, nor should it be construed as legal advice. Any information provided is for educational purposes only. The exchange of communications through Avvo.com and similar social media does not establish an attorney-client relationship with me or my office. Thank you.

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Asker

Posted

Is it correct to say that a partnership is not a company?

Justin C. Lowenthal

Justin C. Lowenthal

Posted

Technically, yes. The term "company" implies limited liability company or corporation. Like Counselor Doland mentioned below, it is best to operate as a limited partnership, LLC, or corporation. General partnerships are very risky and afford you no added protection.

Posted

There are no limits to the number of fictitous business names a company can use. Hopefully you are not a general partnership but an LLC or corporation or limited partnership.

The above is general legal and business analysis. It is not "legal advise" 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

So, the assumption would be that the partnership owns two separate businesses- and wants to have two distinctly different names for those businesses? If that is the case, and assuming that we are not using people's proper names- i.e. we are using fictitious names ; and assuming we have complied with the California statutes on filing and publication re the names reflecting that they are owned by the partnership, there should be no reason that the partnership could not proceed in this fashion.
There could however be confusion and it would be best to use truly distinctively different names; and keep separate books and records pertaining to each of the businesses.
Thanks,
Steve Wilhelm
All of the aforementioned presupposes the facts pertain to a California partnershp.

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