Should I get a DBA or just change the name of LLC?

[BHR2k2k5]

What is the name of your state (only U.S. law)? California

My original plan when starting XYZ, LLC was for it to be the parent company for several business ventures I may have before my time is done on this planet earth. Now, I'm starting to rethink that. I'm starting an online retail business, and the website is abc.com. In doing my research (after the fact) I found that I need a DBA because the website is completely different from the LLC. How can I operate the DBA name and have it offer me the same personal liability protection that the LLC affords? Or would it be easier to file form LLC-2 to ammend the articles of organization, changing the name to abc?

Also, the state requires ,LLC or some version of that to be attached to the name. Would I still need a DBA if LLC is not in the website address?

 

[AdjunctFL]

I think you’re misunderstanding what a DBA (doing business as) is. It’s not a separate entity; it’s just a different name for the business. For example, if John Smith is a plumber and operates Smith Plumbing as a sole proprietorship, then "Smith Plumbing" is a DBA. In most places, a DBA must be registered with a governmental body but doing so does not change the type of business that is using it.

In doing my research (after the fact) I found that I need a DBA because the website is completely different from the LLC.

I’m not sure why you feel that way. A business of any type entity can have different divisions or endeavors under the same proprietorship, partnership, llc, corporation umbrella.

How can I operate the DBA name and have it offer me the same personal liability protection that the LLC affords?

You can use a DBA name for your business but as noted, it’s not a separate legal entity. You can operate the separate business segment under the existing llc or form another. Whether you have a different name for the new segment and operate it under the existing or different ll is up to you.

Would I still need a DBA if LLC is not in the website address?

A web address is not a different entity, it’s a web address. Smith Plumbing can have a web address of www.smithplbg.com, www.fastplumbing.com, etc. without filing a DBA notification for those URLs.

Suggestion: before you get too far into the business, especially for tax matters, a consultation with a local business attorney may be appropriate.

 

[BHR2k2k5]

Thank you for taking the time to respond. Yes, I should speak with an attorney. Let me confirm this: if my business is XYZ, LLC and my website is abc.com, the logo on the site is abc, and the name on the invoice at check out is abc. Are you saying that I don't need a DBA, or are you saying that I do need one, but my worry about LLC protection is unfounded?

 

[quincy]

Thank you for taking the time to respond. Yes, I should speak with an attorney. Let me confirm this: if my business is XYZ, LLC and my website is abc.com, the logo on the site is abc, and the name on the invoice at check out is abc. Are you saying that I don't need a DBA, or are you saying that I do need one, but my worry about LLC protection is unfounded?

Here is a link to California-specific information on registering a fictitious business name - and links on the right side of the page to help you in forming your business (i.e., registrations, licenses, permits):

http://business.ca.gov/StartaBusiness/RegisteringaBusiness/FictitiousBusinessName.aspx

From the questions you are asking, it will be very smart for you to sit down and discuss your business plans with a California professional.

 

[BHR2k2k5]

Thank you. I made a call to a business attorney's office.

 

[quincy]

Thank you. I made a call to a business attorney's office.

I think that is always the best way to start off any new business. The majority of problems a new business will face will come from failures at the start to set the business up properly.

Good luck.

 

[AdjunctFL]

Let me confirm this: if my business is XYZ, LLC and my website is abc.com, the logo on the site is abc, and the name on the invoice at check out is abc.

If the sole reference on the website to abc.com is that it is the URL of the website, you don't need to register a DBA. If it is presented as the name of the business, you do.

 

[quincy]

If the sole reference on the website to abc.com is that it is the URL of the website, you don't need to register a DBA. If it is presented as the name of the business, you do.

It appears from what has been said that the "abc" is being used as a business identifier, with an abc logo and the use of abc on checks. In other words, the "abc" is not only the web address but the name under which the business is operating (an XYZ Company's DBA).

But, again, a personal review of the specifics is advised. And a thorough trademark search should be completed prior to the use of either XYZ and abc.