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(Sorry if this appears as a re-post...I posted it a couple of days ago and
haven't seen it appear yet--so I'm trying again.)
Hi.
I'm wanting to start up a buisiness...or rather, take my current Web
development home business and make it a "real" business with tax ID,
incorporation, etc.
The question is, I can't do some things like open a business bank account
until I get a DBA. Yet on the DBA it says I can't include the words LLC or
Corporated (etc) unless I HAVE incorporated (makes sense.)
The form to reserve a corporate business name wants me to put on it the
entire name (of course) including any LLC or Corporated, etc.
Anyway, I guess my question is can I file a DBA and some things going with
my business name leaving off any LLC or Inc. and then file for
incorporation which add the LLC or Inc. without having to cancel and refile
a DBA?
This is in Missouri, BTW, but I doubt that matters.
Thanks!
Liam
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(Sorry if this appears as a re-post...I posted it a couple of
days ago and
haven't seen it appear yet--so I'm trying again.)
Hi.
I'm wanting to start up a buisiness...or rather, take my
current Web
development home business and make it a "real" business with
tax ID,
incorporation, etc.
The question is, I can't do some things like open a business
bank account
until I get a DBA. Yet on the DBA it says I can't include the
words LLC or
Corporated (etc) unless I HAVE incorporated (makes sense.)
The form to reserve a corporate business name wants me to put
on it the
entire name (of course) including any LLC or Corporated, etc.
Anyway, I guess my question is can I file a DBA and some things
going with
my business name leaving off any LLC or Inc. and then file for
incorporation which add the LLC or Inc. without having to
cancel and refile
a DBA?
This is in Missouri, BTW, but I doubt that matters.
If you are in a hurry, you can record a ficticious name as a dba,
get the bank account, file the incorporation or LLC papers, and
when the corporate or LLC formation is done, open a new bank
account. Completing the steps on the dba should take about ten
days. Completing the corporate or LLC process should take about
one month.
After you have completed the incorporation or LLC formation
process, you won't need to cancel or refile the dba, if the
corporation is doing business in it's own name. dba filing is for
ficticious names, not real names. If Liam's Websites, LLC is
doing business as Liam's Websites, LLC, that's a real name, not a
ficticious name, and there will be no need for a dba filing. Just
let the old one expire. But if Liam's Websites, LLC will be doing
business as Wonderful Websites Company, then the LLC would need to
do a ficticious name filing.
I don't know why you are going through the dba filing anyway. You
can run the business through a personal bank account while the
incorporation or LLC filing process is going on, then open a new
business bank account at that time.
McGyver
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LRW <druid@NOSPAHMcelticbear.com> wrote in message news:<q0z1c.453324$I06.5132470@attbi_s01>...
(Sorry if this appears as a re-post...I posted it a couple of days ago and
haven't seen it appear yet--so I'm trying again.)
Hi.
I'm wanting to start up a buisiness...or rather, take my current Web
development home business and make it a "real" business with tax ID,
incorporation, etc.
The question is, I can't do some things like open a business bank account
until I get a DBA. Yet on the DBA it says I can't include the words LLC or
Corporated (etc) unless I HAVE incorporated (makes sense.)
The form to reserve a corporate business name wants me to put on it the
entire name (of course) including any LLC or Corporated, etc.
Anyway, I guess my question is can I file a DBA and some things going with
my business name leaving off any LLC or Inc. and then file for
incorporation which add the LLC or Inc. without having to cancel and refile
a DBA?
This is in Missouri, BTW, but I doubt that matters.
Thanks!
Liam
It is probably simpler to do the incorporation first. You file for the
corp. or LLC as "Hopeful, Incorporated", or whatever. Once the corp.
is established, you file a DBA on behalf of the corp.
You open a can of worms by filing a DBA under one name, then
incorporating and filing another DBA under the corporation's name. The
two are not the same business, and it may be somewhere between messy
and impossible to transfer accounts, licenses, open contracts, etc.
from one to the other.
--
Not a lawyer,
Chris Green
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"McGyver" <Greyprof@msn.com> wrote in message news:<c27ibi$1pkd7m$1@ID-75195.news.uni-berlin.de>...
I don't know why you are going through the dba filing anyway. You
can run the business through a personal bank account while the
incorporation or LLC filing process is going on, then open a new
business bank account at that time.
Thanks for the advice! I didn't understand before that
incorporation/LLC names translate as "REAL" names not needing a DBA.
It makes sense now.
And thus I didn't think about that last info above.
All I know is when I asked my bank about opening an account for my
business so that it'd have my business's name on the checks, etc, they
said they'd need a copy of the DBA. If I pressed for more they
probably would have asked/offered info regarding incorporated business
and not just me alone DBA.\
Thanks!
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On 4 Mar 2004 12:00:32 -0800, LRW <deja@celticbear.com> wrote:
"McGyver" <Greyprof@msn.com> wrote in message news:<c27ibi$1pkd7m$1@ID-75195.news.uni-berlin.de>...
Thanks for the advice! I didn't understand before that
incorporation/LLC names translate as "REAL" names not needing a DBA.
It makes sense now.
And thus I didn't think about that last info above.
All I know is when I asked my bank about opening an account for my
business so that it'd have my business's name on the checks, etc, they
said they'd need a copy of the DBA. If I pressed for more they
probably would have asked/offered info regarding incorporated business
and not just me alone DBA.\
Policies at banks vary on this point. I've opened business accounts without
any such documentation.
But a DBA name is just a registration of a fictitious name with the
local government. It's no big deal.
Isaac
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On 4 Mar 2004 10:15:58 -0800, Christopher Green <cj.green@worldnet.att.net>
wrote:
LRW <druid@NOSPAHMcelticbear.com> wrote in message news:<q0z1c.453324$I06.5132470@attbi_s01>...
It is probably simpler to do the incorporation first. You file for the
corp. or LLC as "Hopeful, Incorporated", or whatever. Once the corp.
is established, you file a DBA on behalf of the corp.
If you are doing this solo with no employees, I don't see the rush to
establish a corp or an LLC. You would be spending filing fees for no
point other than having a more impressive looking name.
Once you have employees or partners, you need to consider a business
entity with a liability shield.
Also you don't need a DBA with a LLC or corporation.
Isaac
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Isaac <isaac@latveria.castledoom.org> wrote in message news:<slrnc4pjm6.ka.isaac@latveria.castledoom.org>...
On 4 Mar 2004 10:15:58 -0800, Christopher Green <cj.green@worldnet.att.net>
wrote:
If you are doing this solo with no employees, I don't see the rush to
establish a corp or an LLC. You would be spending filing fees for no
point other than having a more impressive looking name.
One reason is to avoid 1099-MISC treatment. Computer programmers
operating as independent contractors run into this regularly: many
potential clients will not accommodate a sole prop. who requires a
1099-MISC., but they will deal with a sole owner of an S-corp.
Once you have employees or partners, you need to consider a business
entity with a liability shield.
There may be a need to avoid a change of entity. A common example is a
licensed contractor in a building trade. Licenses don't transfer, so a
contractor who obtains his license while operating as a sole
proprietor, then later decides to incorporate, has to take out a new
license. Other attributes of the business, such as backlog and bank
accounts, may be a hassle to transfer as well.
Also you don't need a DBA with a LLC or corporation.
True, but it's not discouraged and is commonplace anyway.
--
Chris Green
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