Instead of forming a corporation or LLC, let's suppose Robert takes on Laura Deever as his partner. Their partnership might register "Sunrise Properties" as their assumed name. This would then be "Sunrise Properties, Inc., dba Sunrise Lawn Services." In this case, Sunrise Properties, Inc., might register "Sunrise Lawn Services" as an assumed name. Let's suppose Robert forms Sunrise Properties, Inc., and decides to start a yard maintenance business that uses a different name. Robert could then use the name "Sunrise Properties."Īnyone checking the official records would be able to see that his business is actually "Robert Hansen dba Sunrise Properties."Īssumed name registration is not limited to sole proprietorships. If Robert wants to continue operating as a sole proprietorship, he may be able to register the name "Sunrise Properties" as an assumed name. This is called a fictitious name in some locations and is also commonly referred to as a "doing business as" or "dba" name. This is often done with a county agency, but may be with a state agency in some states. Registering an assumed nameĪny sole proprietorship, partnership, corporation, or LLC that does business under a name other than its own, must register the other name as an assumed name. If Robert decides to expand into another state, he may be able to register his corporation in the new state, providing the name is not already registered there. He might file articles of incorporation under the name "Sunrise Properties, Inc." Or, he might file articles of organization under the name "Sunrise Properties, LLC." This would prevent other companies from using the name "Sunrise Properties" in his state.Ĭreating a corporation or LLC only provides protection in the state of registration. Robert wants to use the name "Sunrise Properties" and determines that name is available. So, part of selecting a name involves checking the state's records to be sure another company is not already using the desired name. State laws prohibit a company from using a name that is already being used by another company. This requires the business to choose its legal name. To do so, he must file certain registration documents with the appropriate state agency. One option for Robert is to create a corporation or an LLC. In time, Robert acquires more properties and decides he wants a new name for his business. He begins by operating as a sole proprietorship and uses the name "Robert Hansen, Property Rentals" for the business. In our example, Robert Hansen opens a residential home rental business after buying one house for this purpose. To illustrate the possibilities, we will explore the various options of a fictional business. The choices may vary depending upon whether the business is structured as a sole proprietorship, some form of partnership, an LLC, or a corporation. Not all businesses can use all three of these methods, and some may use more than one. ![]() Register the business name as a federal trademark. Register the business name as an assumed name or DBA ("doing business as").ģ. ![]() ![]() Form a business entity, such as a corporation or limited liability company (LLC).Ģ. The three ways a business may register a name are:ġ. There are several ways to accomplish this.ĭetermining the best way to register a business name will take into consideration several factors, such as the business structure, the geographical area in which the company will operate, and the extent of protection needed. After choosing a business name for your new company, you will want to register it to prevent others from using it.
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