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Will my DBA/Fictitious Business Name still be valid after I dissolve my LLC?

Los Angeles, CA |

I filed a DBA before creating an LLC, but am currently in the process of dissolving the LLC. I would like to keep working under the business name through the DBA listing that I did previously in 2011. The DBA I would think is still valid for the 5 year run of DBAs in California, but since I filed the same name as an LLC I am unsure if the dissolving of the LLC affects my original fictitious business name filing.

Attorney Answers 4

Posted

If your dba was filed by you as an individual you are correct it lasts for 5 years, and should still be valid unlessyou re-registered the dba under the LLC. If you did , prudene says re-file.

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.

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Asker

Posted

THANKS!!

Posted

You will need to file an amended statement, pay a new filing fee, and re-publish -- a small price to pay to keep your business name attached to your business.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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3 comments

Michael Raymond Daymude

Michael Raymond Daymude

Posted

I have re-read your question after reading Mr. Doland's answer. It appears I may have misunderstood it. I agree with Mr. Doland -- unless you re-registered the DBA under the LLC it should still be good as to you individually.

Steven Halbert Wilhelm

Steven Halbert Wilhelm

Posted

I agfee with the amended answer of Mr Daymude, best of luck,

Asker

Posted

Will I need to get a business license in California? It is an online company that retains uploaded files for people with timestamps.

Posted

You have been given advice by two prolific and respected attorneys in Mr. Daymude and Mr. Doland. I always read their responses and am always impressed. Other than that, I do not have anything to add.

I am an Arizona attorney. AVVO does not pay us for our responses. Simply because I responded to your question does not mean I am your attorney. In Arizona a non-lawyer is held to the same standards as an attorney so there are dangers to representing yourself. This is for informational purposes only and should not be considered as legal advice. If you require legal assistance an in depth discussion of your case is needed as there are many other issues to consider such as defenses, statute of limitations, etc.

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Posted

You are correct that a Dba is good for 5 years. The fact that you set the LLC up with the same name does not effect the Dba,. unless you assigned Dba to the LLC.

I hope this helps

W. Randall Sgro
1609 Cravens Ave
Torrance, Ca. 90501

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