Legal definition of doing business, as applied to a doing business as?
I understand that in the State of California, or at least my county, as long as my last name is in the legal business name, I do not need to file a DBA.
Let me elaborate...
Assuming "Anne" is the last name.
For the sake of this question the Legal business name is: "Anne's SOARCAL Gardening".
For the sake of this question lets assume the fictitious business name is: "SOARCAL Gardening".
On all invoices sent to customers, they will see that they are making a payment to Anne's SOARCAL Gardening, and on all legally binding documents the business name will appear as Anne's SOARCAL Gardening. However the website name which payments are NOT accepted through, and all business cards will say "SOARCAL Gardening" My hypothesis is "Doing Business As" only applies to the business aspects of this. Is this legal? Further details: This is an online only business which plans to accept payments for services via square online, and provide services in person.
*Sorry for the duplicate, the last question was posted in the wrong topic for some reason*
The first part of your question is correct in that, generally, for an individual, a business name that includes the individual's surname is *not* a fictitious business name (colloquially, a "DBA").
Business and Professions Code Section 17900(b) (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=17900.) states, in relevant part, that "'fictitious business name' means...[i]n the case of an individual, a name that does not include the surname of the individual".
So, for example, I practice law as a sole proprietor (an individual). My business name, "Dana H. Shultz, Attorney at Law", includes my surname, thus I am not obligated to obtain a fictitious business name.
Your elaboration is so confusing that I am not sure whether I can address your precise concern.
Perhaps I can provide an indirect answer via the following guidance: From the marketing perspective, if you have a business name, you should use the same name everywhere. It makes no sense to have two slightly different names for the same business.
If you do use two slightly different names, then each name must be evaluated with respect to whether whether is requires registration as a fictitious business name.
Your apparent belief that operating a website and handing out business cards are not business activities is incorrect.
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Not true. And I’m sure “Anne” isn’t your entire name, so how is the public supposed to figure out that it’s realky you?
My responses on this website do not constitute a consultation, nor do they establish an attorney-client relationship. Only a written retention agreement signed by client and myself will establish an attorney-client relationship. Please do not message or phone me for additional advice as the discussions would be outside this forum and would not be visible to the public (the exception being for serious prospective clients).
Your information about your name being in the business name is totally incorrect.
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...
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