I am dissolving my single-member LLC and I’ve started a new LLC but want to keep the DBA to use for my new LLC. Is it possible to amend my DBA for new ownership under my new LLC before I dissolve the first one?
Generally speaking, as part of the winding up process, a dissolving LLC might treat the dba as an asset and sell it to the new LLC. Provided the use by the new LLC does not confuse or mislead the public, the transfer is for market value, the proceeds are used to satisfy outstanding creditor claims of the dissolving LLC, and is not being transferred to avoid a creditor’s claim, it is likely a permissible asset sale. However, in order to obtain a legal opinion, I recommend that you run all of the surrounding facts by a business lawyer to ensure that you do not run afoul of any laws on the disposition of the asset.
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The DBA (fictitious name) you reserved was for that initial LLC. I assume it was done properly with publication, etc.
As you dissolved that LLC, the DBA for that LLC no longer exists.
Now, that you have formed a new LLC, you will have to apply for a new DBA and republish, as that DBA is for a completely different LLC.
Best of luck.
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Generally you can assign a fictitious name from one company to another, and a dissolved company can liquidate and transfer property for winding up its affairs. BUT there are creditor issues for the dissolved entity and possibly the new entity. especially, if this was done to avoid creditors claims. As my colleague above stated, don't do this without consulting and getting an opinion from a lawyer.
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