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DBA Law - Don't Get Caught - Get a DBA.

By: Elias Stassinos

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How To Get A DBA

Here is what is a dba or how to get dba. Keep in mind that you are required to obtain a DBA Business Name in California, Florida, and most other states if your business name does not include your last legal name or if you incorporated or formed an LLC and you do business in a name different from the LLC or corporation name.

What is a "DBA" Name?

"DBA" means "Doing Business As...". In using a DBA a person or a company is operating their business using a business name other than their real, actual name. For example, John Jones, a reseller of clothing items, starts a new business called "American Resellers". His business name is not his own name, thus he must registered a DBA. However, let's say that John Jones does business as "John Jones wholesale", then a DBA is not required to be filed because the owner's legal personal last name can be ascertained within the DBA business name.

Likewise, if you incorporate or form an LLC and if the Corporation, or LLC, or any other corporate entity, does business under a name other than the legal name of the Corporation or LLC, then a DBA must be registered. If your Corporation's or LLC's name is "Advisors, Inc", and your corporation is doing business with the same corporate name "Advisors, Inc", you do not need a DBA. However, if your "Advisors, Inc " corporation does business under the name "Biz Advisors" for instance, then the corporation or LLC must file a DBA. Here is an inexpensive and professional dba filing service that can help you file your dba: http://www.businessname.net . Can I Use Any Name or Any Word In My DBA Business Name? Generally, you can use any word as part of your business name, such as "Landscape King", "American Nationwide Jewelry", "Day Care One" or "Mimi's Cleaning Service" and so on. Your products, location, first or last name or any other name may be part of your DBA business name. However, most states may not let you file a dba name with an "Inc.", "LLC" or any other similar suffix that denotes a corporate entity. So, if you want a DBA, after you incorporate or form an LLC, select a name that does not include corporate suffixes. For example, if your corporation's legal name is "IDM, Inc" and you want to file a DBA of "IDM California, Inc" you will not be allowed to file it. However, if you file the exact same name without the "Inc." suffix, you can file it. If I incorporate or Form an LLC, Do I need to file a DBA for my corporation?

You need to file a dba if your corporation's name is different from the name you doing business. Example: Your corporation's name is "XYZ, Inc", and the corporation is doing business as "John's Auto Repair". You need to file a DBA under the corporation.

What Do I Need a DBA for?

First, it makes you legal. I.e., it helps you comply with the legal requirement that all person doing business under a name other than their legal name have to file a DBA. Second, it is a required filing to open a business checking bank account in the name of the business. Without a DBA registered, it will be almost impossible to open an bank account - banks will generally not open an business account without your filed copy of your DBA registration certificate. Note that some banks may also ask you for your business license. On the other hand, if you form an LLC or Incorporate, you don't need to file a DBA. When you see your banker, just show him your corporate certificate and he may not even ask you for a business license.

What if I Incorporate, Form an LLC or Get a Business License.

Would I still Have to File a DBA? Yes, you can incorporate or form an LLC and not file a DBA. If you do incorporate, you will not have to file a dba. However, in most states, getting a business licenses does not relieve you from the requirement that you file a DBA. Also, incorporating will not eliminate the requirement that you also get a business license.

What information is included in DBA Business Name application?

Most DBA Business Name applications must contain the following information: The name and address of the small business owner. A description of the small business starting business operations. And various other information pertaining to the business or the business owner.

What if I do not file a DBA Business Name?

Most states require a DBA Business Name filing. In California and most other states, you are require to have a DBA Business Name before you start your business and there is a fine. In some states, may be a misdemeanor not to file it.

Copyright (c) 2007 Elias Stassinos

Article Source: http://depositarticles.com/

Elias Stassinos, Esq. is a business law attorney. Visit his website: www.stassinos.com . Mr. Stassinos is also a corporate counsel for www.businessnameusa.com , a business licensing company .

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