I've recently formed an LLC in New York. I'm creating several
different websites and am unclear about whether I need to file DBA's
for each unique site. All business will be web-based with no actual
physical location, however employees will be employed throughout
various states. I also plan on trademarking all my site names.
1) Am I required to file DBA's for each unique website? They will all
have unique names, and will operate under those names.
2) DBA's are usually filed at the county level. One of the sites I'm
launching will be geographically specific, launching in several
different cities throughout the US. Will filing a DBA in New York
allow me to legally operate under that name throughout the entire US?
3) Is it more advantageous, in terms of liability, to form separate
corporations for each website as opposed to having multiple DBAs under
one corporation?
4) When owning several DBA?s under a corporation, is it common
practice to maintain separate checking accounts for each DBA or have
all account holdings under the corporate name?
I?d like an answer as quickly as possible and very much appreciate all your help! =) Scaling DB2 UDB on Windows Server 2003::
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Also bk115-ga, you thinking of getting the site names trademarked is an
excellent idea. Too many people wrongly think that registering their
trade names or filing a DBA gives them good trademark protection when it
really doesn't.
Looking Forward, denco-ga - Google Answers Researcher
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 2008 August::
For information on filing DBA or Fictitious Name paperwork, check out: Doing Most businesses just require tax licensing, and the filing of a DBA (Doing
http://her-business-blog.com/2008/08HOME |
Policies and Procedures::
under an assumed name (DBA) and counties have laws regulating home-based businesses. names can potentially create trademark liability for both you the
http://www.zteam.com/P&P/NexxPP.pdfHOME |
To clarify my question even further, I guess I want to know whether
the same rules apply to a web-based business as a regular business
with a physical location. As long as all invoices and credit card
charges say "ABC Company, LLC" does it matter what the url is?
Thank you for your answer. I'm seeking a bit of clarification on
whether it is legally required to have a DBA to operate a website
under a name other than the corporate name. And is a DBA is required
if the website name is trademarked?
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 POINTS OF CONTACT FOR SMALL BUSINESS ENTREPRENEURS::
businesses that are operating in your local area. Contact Renewal for Trademark/Service Mark (Renewed every 10 years) FICTITIOUS NAME versus DBA
http://sos.georgia.gov/firststop/points_contact.pdfHOME |
Thanks for the 5 star rating, bk115-ga.
Looking Forward, denco-ga - Google Answers Researcher
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DBA/Fictitious Name Statement/Trademark for web based businesses