Novel question. The main question is: can an individual use the name of an apparent individual as a fictitious business name? My answer is: I don’t see why not. It fits within the statutory requirements for a fictitious name, so as long as you comply with the statutory requirements of filing and publication, it should work. Although not expressly stated in the typical state statute, the understanding is generally that the directors and officers should be individuals, not just legal entities. Note that the Board can delegate its duties to a management company as long as the Board remains ultimately responsible. So you could use your LLC that way. But I don’t think you need the LLC. I don’t see why you couldn’t just use the fictitious name as described above.
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(Bryant) Keith Martin
I haven't done any research on this issue so you should not take this as legal advice. New York's Not-for-Profit Law requires that directors be at least 18 years of age but does not say they have to be a "person" and does not list any other requirements for directors. However I don't know if there has been caselaw established on this matter - whether or not a director has to be a person.. My sense is that a director of a not-for-profit does have to be an individual. You should consult an attorney to do some research on this issue.
Correction: After I wrote the above, I looked at the California Corp. Code, Sec 164, which says " 'directors' means natural persons . . ." So your LLC plan is out. At least my instincts were right.
B. Keith Martin
Generally, entities can't be officers or directors of corporations. This is mandated by statute in some states, and common sense in others. Can you imagine General Motors having 15 corporations as board members and having 15 different people show up from one meeting to the next? Sure, you could legislate exceptions for small, closely held corporations, but why go through all this trouble as a legislature?
This is one of the reasons LLCs finally came along. If the thought is to limit management personal liability, an entity can be a manager of a LLC. So, maybe the question is, can I form a LLC (with my stage name as its name) and use my non-profit corporation as manager? That depends on how New York's corporate/LLC law is drafted (whether the non-profit status of the corporation is an issue), and I don't have that answer. There may be a federal tax consequence if the non-profit is not used properly also, but - check it out, it may be your solution!
Also, I wouldn't use just a d/b/a because it doesn't provide the liability protection of an entity. Break a leg!
This response is for general purposes only, is not legal advice and does not create an attorney client relationship with the questioner.
Create an DBA for the not-for-profit. You don't sound like a not-for-profit coporation. Please see a lawyer.
Disclaimer of California Attorney. Laws differ form state to state. Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.
Good Luck starts with a strategy and a plan.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.