For example: If I own XYZ, LLC and under that LLC I have ABC Services, would I then be able to market ABC Services as ABC Services, LLC? The LLC's and DBAs have been filed in New York. Thank you for you response.
In your example, ABC Services, LLC does not exist.
Note: This response is for general informational purposes only. No attorney-client relationship is created. No responsiblity shall be taken by the submitting attorney for any individuals acting pursuant to any information contained herein.
You could market under XYZ, LLC, and you could market under ABC Services, but you can't market under ABC Services, LLC.
Why don't you file for another LLC under the name you want and then link the two companies with a dba that states doing business as ABC Services, LLC.
As noted by the others, you cannot identify an entity that does not exist. Practically speaking, its not like this is something that will have any kind of adverse impact on you or at least not under any circumstances I can envision. If the DBA was filed properly under the LLC, the liability shield will cover it. That said, you are also setting up the entity and handling the filings for a good reason and it would be silly to engage in any activity that could compromise that. For example, you would not want some litigator on the other side making any alter ego issues with a court to seek to hold you personally liable so I would not give them fodder (as unlikely as that would be).
The other aspect to this that is not stated but could be a very big deal in this context is making sure you have properly cleared any trademarks you are employing here. That is, just because you registered the LLC and DBA it does not mean that either of those names are not infringing either on another business here in NY or anywhere else in the country. These are distinct issues.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.
In New York, an LLC that has filed a Certificate of Assumed Name cannot use the designation of LLC in the an assumed name: " An assumed name cannot contain words such as "Corporation," "Incorporated," "Limited," "Limited Liability Company," "Limited Partnership," or their abbreviations." See, http://www.dos.ny.gov/corps/assdnmins.html
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