Howdy bk115-ga,
A reminder of the "Important Disclaimer: Answers and comments provided on
Google Answers are general information, and are not intended to substitute
for informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice."
The DBAform.com web site has a "Frequently Asked Questions" page which helps
with your questions.
http://dbaform.com/faqs-dba.php
To begin, the main reason you want to have a DBA (Doing Business As) in the
first place.
"The most significant use of a DBA is the ability ... to open a business bank
account and collect money using a name other than its legal name."
Now, to your first question, from the same source.
"If I have a corporation or an LLC name, do I also have to file a DBA under
that name as well?
The articles of incorporation or organization are enough for official name
registration and business name transactions with financial institutions
provided that the entity uses its legal name. A DBA is simply a name statement
registered with the state and not an official business formation like a
corporation or an LLC. If your business is incorporated or organized under
state law, you only have to register a DBA if you operate your business under
a name other than its legal name as filed with the state."
So, to cover all the bases it would be prudent for you to file a DBA for each
of the web sites.
As the LLC is filed in New York, that is where each of the DBAs are based as
well. From the Business Filings Incorporated web site.
http://www.bizfilings.com/learning/dbafaq.htm
"Where should I file my DBA?
DBAs are typically filed in the state and/or county where the principal
business address or street address of the business is located."
If are going to have checking accounts, etc. for the geographically specific
sites, or have representatives that do business, such as writing checks or
signing contracts, etc. in those geographically specific areas, it would be
prudent to do a DBA in those states as well.
You will not gain increased liability protection by doing a separate
corporation for each web site. Depending on the structure of the company,
there might be tax reasons for doing so, such as offsetting losses or
profits, or licensing reasons, etc. If there is a reason, such as one of
the sites possibly being controversial, a separate corporation for that
site would keep it insulated from the other sites.
The common practice is to have one checking account for the corporation,
and the checks and account have the DBA information on them. Again, if
there something about the business that would warrant it, such as a need
to keep the site's business transactions separate for bookkeeping or tax
purposes, then separate accounts could be done.
If you need any clarification, please feel free to ask.
Search strategy:
Personal experience with my own LLC/DBA situations.
Google search on: "New York" DBA required OR requirements
://www.google.com/search?q=%22New+York%22+DBA+required+OR+requirements
Google search on: DBA filed state
://www.google.com/search?q=DBA+filed+state
Looking Forward, denco-ga - Google Answers Researcher |
Clarification of Answer by
denco-ga
on
08 Aug 2005 16:56 PDT
Howdy bk115-ga,
I think you might be confusing getting protection for a tradename (trademark)
and the business, and sometimes banking, requirements of where your business
is located. The DBAform web site covers the business requirements part.
http://dbaform.com/faqs-dba.php
"If your business is incorporated or organized under state law, you only have
to register a DBA if you operate your business under a name other than its
legal name as filed with the state."
So, if you are running a web site (doing business as) named something other
than your LLC business name, then my reading of the above is that you are
required to file a DBA in the state of New York for each of those web sites.
Having a federal trademark for the domain name has absolutely nothing to do
with filing a DBA for that business entity, and having the DBA for a business
that happens to be the name of the web site might give you some, but not very
much trademark protection for that tradename.
A business is a business, and a DBA is a DBA, whether it is a "brick and
mortar" operation, a virtual (web based) company or even if it is from the
back of a truck. If your company is "ABC Company, LLC" and the web site is
"Werner's Taxidermy Supplies" then New York, where "ABC Company, LLC" has been
formed, is going to want you to file a DBA for "Werner's Taxidermy Supplies."
As well, you might want to make sure that anyone that does business on one
of the web sites are specifically told that charges will show as "ABC Company,
LLC" on their credit card statement.
Looking Forward, denco-ga - Google Answers Researcher
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