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LLC and DBA

Discussion in 'Starting a Business, Incorporation' started by draft34, Nov 6, 2020.

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  1. draft34

    draft34 Law Topic Starter New Member

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    Jurisdiction:
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    Hi. I make a wood product I've been selling for years online. I have an LLC. I'm self employed so its just me as this business. The name of the LLC is different from the name I use to sell under online. Everyone I've ever sold to knows my company as the online name which is also the name of my websites. If I ever got sued by anyone they would sue me as my online name as no one even knows my LLC name. My question is can I include my online business name or somehow tythe it to my LLC name? Should I rename my LLC? If I file a DBA for my online name would I be personally liable?
     
  2. Zigner

    Zigner Well-Known Member

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    Liable for what?
     
  3. flyingron

    flyingron Well-Known Member

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    If you are going to represent yourself as something you're not (either not you're real name or the LLC's real name), it would behoove you to file an "assumed name" declaration with your local county.

    Of course, anybody with a clue who will sue you will find out YOUR name and sue you personally as well as the apparent company.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Can you include the online name in what?

    Regardless, you could file a fictitious business name statement for "[LLC name] doing business as [online name]," and that would probably be a good idea so that you don't get sued personally.

    There's no conceivable way anyone could have an intelligent opinion about this based on the information provided.

    Personally liable for what?

    It's not clear from your post whether the online operations are being conducted by your LLC doing business as [online name] or whether the online operations are being conducted by you personally doing business as [online name] and the existence of the LLC is incidental.
     
  5. draft34

    draft34 Law Topic Starter New Member

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    All the operations are being conducted solely by me (The LLC) and me (the online name).
     
  6. draft34

    draft34 Law Topic Starter New Member

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    Liable for anything a customer might sue me for.
     
  7. welkin

    welkin Active Member

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    When you file your profit and loss for the business (schedule C) , what name are you using?
     
  8. Zigner

    Zigner Well-Known Member

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    That is way too broad of a question. Also, it's not hard to "pierce the veil" (look it up) on a single-member LLC, if not run perfectly.
     
  9. zddoodah

    zddoodah Well-Known Member

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    Huh? So you (the individual) and the LLC have a partnership of some sort? Or do you simply mean that you, in your capacity as member/manager/officer of the LLC are the person doing all the work?

    Filing a fictitious business name statement isn't determinative of your personal liability for "anything." It is merely evidence of which legal entity (you or the LLC) is doing business under the fictitious business name. Regardless of any fictitious business name statement, you still could have personal liability for some things.
     

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