I'm starting an online business, but want to setup the s-corp under different name that doesn't specifically connect with website. S-Corp named Acme Inc, but the website is named XYZ.com. Customers will be billed by XYZ.com instead of Acme Inc. Is this legal, or does your corporation have to be registered under the same name that your doing business with?
Real Estate Attorney
A corporation can do business using a fictitious business name if the proper filing and publication requirements are met. That will allow the corporation to do business under the fictitious name in the County in which the filing is made. The better question is why do you want to do this? There may be a better way to achieve your purpose.
This answer does not constitue legal advice, nor does it creat an attorney/client relationship. If you are seeking legal advice upon which you intend to rely, you should hire competent cousel familiar with this area of the law in your locale.
The simple solution is that your corporation file and publish a fictitious business name in the county where its principal place of business is located.
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.
I agree with both my colleagues' excellence answers.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Trademark Infringement Attorney
Your corporation can do business under a fictitious name, and that name can be on your invoices etc. You could put a note on the bottom of your invoices to the effect of "XYZ.com is a division of Acme, Inc."
This is not a legal opinion, and should not be relied upon as such. Contact MARTIN APC at 510-444-7600 with any questions regarding this post.
I agree with my colleagues here. A corporation does not need to be incorporated under the same name it chooses to conducts it's business. If a corporation chooses to do conduct business under a name other than its legal name, it needs to register for a fictitious business name (also known as a DBA "Doing Business As") and have it be properly filed and noticed.
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