Can an LLC Operate Under a Different Name? | Legal Business Name Change

Can an LLC Do Business as Another Name

As a business owner, you may have wondered if it`s possible for your LLC to operate under a different name. The good news is that, in many cases, an LLC can indeed do business as another name. This practice is commonly referred to as “doing business as” or “DBA.” It allows LLCs to operate under a different name without having to go through the process of forming a new legal entity.

There are several reasons why an LLC might choose to operate under a different name. For example, the LLC may want to use a name that better reflects its products or services, or it may want to rebrand itself to appeal to a new target market. The reason, important understand legal and of operating under different name.

Legal Requirements for Operating Under a Different Name

State Requirements
California File a Fictitious Business Name Statement with the county clerk`s office
New York File a Certificate of Assumed Name with the county clerk`s office
Texas File an Assumed Name Certificate with the county clerk`s office

These just few of Legal Requirements for Operating Under a Different Name some states. Important research specific in state where LLC registered.

Implications of Operating Under a Different Name

While under different name can many benefits, important consider potential. For example, when an LLC operates under a different name, it must use that name for all business dealings, including contracts, advertising, and banking. Additionally, under different name not any protection LLC`s original name. Means if another is using name LLC wants use, LLC not able to under that name.

under different name be way for LLC rebrand itself appeal new target market. Important understand legal and of so. Following necessary and thorough research, LLC can under different name take of opportunities offers.


Legal Contract: Doing Business as an LLC

It is important to establish the terms and conditions under which a Limited Liability Company (LLC) can conduct business under a name other than its legal name. This contract sets forth the agreement between the LLC and any party seeking to engage in business transactions with the LLC under an assumed name.

Article I – Definitions
1.1 “LLC” shall refer to the Limited Liability Company seeking to do business under an assumed name.
1.2 “Assumed Name” shall refer to the alternate name under which the LLC wishes to conduct business.
1.3 “Parties” shall collectively refer to the LLC and any other party seeking to engage in business transactions with the LLC under the assumed name.
Article II – Authorization to Business
2.1 LLC authorized conduct business under assumed name in with state laws regulations use assumed names by LLCs.
2.2 The LLC shall ensure compliance with all necessary legal requirements, including filing the appropriate forms and paying any required fees, in order to operate under the assumed name.
2.3 LLC acknowledges it remain fully responsible liable all activities under assumed name.
Article III – Representations Warranties
3.1 LLC represents warrants it obtained all approvals permissions use assumed name for business.
3.2 LLC further represents warrants it in with applicable laws regulations to use assumed names by LLCs.
Article IV – Indemnification
4.1 The LLC agrees to indemnify and hold harmless any party engaging in business transactions with the LLC under the assumed name, against any claims, damages, or liabilities arising from such transactions.
4.2 LLC bear full for legal consequences from assumed name in business activities.
Article V – Governing Law
5.1 This contract shall be governed by and construed in accordance with the laws of the state in which the LLC is organized.
5.2 disputes out or connection with contract subject exclusive of courts in state.
Article VI – Entire Agreement
6.1 This contract contains entire between Parties with to subject hereof, and all and agreements understandings, written or relating subject matter.


Frequently Asked Legal Questions About LLCs Doing Business As Another Name

Question Answer
Can an LLC operate under a different name? Absolutely! An LLC can conduct business under a name that is different from its legal name. This is commonly done by filing a “doing business as” (DBA) or “fictitious business name” (FBN) with the appropriate state or local government agency. Using DBA allows LLC operate under more or name, without to change legal name.
What the for LLC use DBA? Generally, LLC must that desired DBA name not in by business in jurisdiction. Most require LLC file or for DBA with government office, and a filing fee. Also to note that DBA not create separate entity; simply allows LLC conduct under different name.
Can LLC have DBAs? Yes, LLC have DBAs, as as name is registered with relevant government agency. Can for LLCs that lines or to their under brands.
Are any on DBA names LLC use? While usually flexibility choosing DBA most use of or names, as well names suggest LLC is type of entity (e.g., using “Corporation” in the DBA when the LLC is not a corporation). Some have for DBA names, as the words “Company” or “Limited” if LLC`s legal does not contain those terms.
Does using a DBA protect the LLC`s name? Using a DBA does not provide the same level of name protection as registering a trademark. A trademark protect name nationwide, DBA only provides protection within state local where filed. A properly DBA can provide evidence LLC`s claim to name in of dispute.
Can an LLC change its DBA name? Yes, an LLC can change its DBA name by filing a new registration for the desired name and following the process set out by the relevant government agency. Important update business licenses, and official with new DBA name to legal compliance.
What the drawbacks using DBA? One drawback that using DBA not create separate entity, so LLC`s and obligations remain same regardless DBA name. Some may a DBA as credible than under LLC`s legal especially if DBA is in the market.
Are requirements maintaining DBA? Most require LLCs their DBA periodically, on an basis. If related to changes (such LLC`s or ownership), LLC update with government office.
Can LLC use DBA in state? Generally, DBA is only within state local where filed. An LLC to business under name in state, will with state`s for and using DBA.
What an LLC do if has about using DBA? An LLC that considering using DBA should with qualified attorney or advisor to compliance with laws regulations. It be to the and for DBA in relevant jurisdiction.

About the author: coveland