checking account in private name? - Posted by Jim

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checking account in private name? - Posted by Jim

Posted by Jim on October 05, 2007 at 19:59:25:

Can I open a checking account in a secure/private name. For instance, let’s say my name is Jim Pete Smith. Can I open a checking account in a name Smith Pete. Or can I open a checking account in a Business name JFB Enterprises (such that the renter who sends me a check writes it out to Smith Pete or JFB Enterprises, with my real name being nowhere that the renter can find out, short of him going to the bank and making them tell him “who is JFB Enterprises”. (although would a bank tell him that info).
I don’t want my renter knowing who owns the building (unless he goes to city hall which he probably won’t do)
so I want the checks written to this business name or a phony name. In the future I will make a LLC or something like that, but can I do the above mentioned for right now?
Jim

Re: checking account in private name? - Posted by Rich-CA

Posted by Rich-CA on October 07, 2007 at 11:50:39:

You will run up against the Patriot Act identifications requirements, even for business accounts.

Possibly something else to think about - Posted by JT-IN

Posted by JT-IN on October 06, 2007 at 16:33:07:

Yes, you are interested in being transparent… Like Jimmy says, it is pretty hard to do… However, if you were successful in creating a ficticious named entity… (aside from the grief that the Banks will give you about starting such accounts), but let’s say that you have the account set up just as you wish… (this could also fit into that much lamented category of, “be careful what you ask for, cause you might get it”).

Let’s call this account “JFB Enterprises”; and all is well. Or maybe not… Here is why. I am sitting out here having done business with JFB Enterprises in the past, (a real company once upon a time), and ole JFB and I had some problems with them owing us money, and we had to take legal action against JFB and obtained a money judgment… lets say for 10K. So we are sitting out minding our own business and low and behold your tenant, who happens to make his rent check out to JFB monthly, is tickled with his landlord and is doing some verbal lauding of JFB in my presence. So I get to thinking, maybe it is the same JFB, and I execute on my judgment for a garnishee of JFB’s funds… and low and behold I am successful. Your account is cleaned OUT dry…

So how are you liking this ficticious name stuff so far…? Will it happen…? Maybe, maybe not. Can it happen…? You bet ya… and once someone has your funds, guess whose responsibility it is to prove that they must give them back… I think you got it now.

I would suggest that you form a proper entity duly registered with the Secy of Sate, where there is NO confusion about the identity of the company and who they are. You will save yourself loads of problems in the long run…

JT-IN

You’re Paranoid - Posted by Jimmy

Posted by Jimmy on October 06, 2007 at 06:39:39:

Anyone who cares to know who owns the property will find out in a matter of a couple mouse clicks. What’s the big deal?

Frank got it right. you cannot use the name of an antity unless you create the entity. but you can get a “DBA.” in some places,. these are called Fictitious Business Name Statements.

Re: checking account in private name? - Posted by Edwin

Posted by Edwin on October 05, 2007 at 23:11:36:

Two options: Why can’t you tell the renters you are just the property manager? That will enable you to accept checks written to you personally, or better, checks to your business name.

Two: Open a checking account in the name of a Trust, such as JFB Family Trust.You can probably do that with only that name listed, although some banks may also want your personal name listed.If they insist on this, it may only apply to the bank’s internal records as to whom the legal account holders are. They may permit you to have checks printed without your personal name on them. (But if you never write a check to a tenant, and only accept deposits from them, I guess it doesn’t matter if your name is on the check).

It is my understanding, from a California bank I checked with recently, that they DO NOT require a fictious business name filing if your real name is part of the business name, such as “Pete Smith Enterprises.” But if you wanted to open the account in the name of “PFS Enterprises,” they would require the fictious business name filing.

P.S. The beautiful thing about Trusts is you can name them anything you want. Pete Smith can even create a trust named the “Harry Wilson Family Trust.” Forever after, people will be trying to hunt down Harry Wilson, never realizing that he doesn’t exist except in the imagination of Pete Smith. :slight_smile:

Re: checking account in private name? - Posted by gerald(tx)

Posted by gerald(tx) on October 05, 2007 at 22:10:14:

With privacy issues and bank fraud of today, banks are a lot tighter than in the old days.

You can open it as J.P. Smith, or J. Pete Smith, but it’s got to be verified as the same or a version of what is on your ID, usually driver’s license.

However, you can go down to your city hall or county courthouse and register anything you want as a company, even if it has no assets. You just register your “ficticious name” as they call it, pay a fee of around $25 and presto, you are a new company. You can take this certificate and open bank accounts, PO boxes, utitilies, almost anything.

gerald

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Fictitous business name filing - Posted by Jim

Posted by Jim on October 07, 2007 at 20:05:05:

Where do I file this fictitous business name filing?

Because I don’t want my real name anywhere in the business name.
Also, I don’t want my real name on the checks, but of course it is OK to be on the bank’s internal filings.

Yes, I will be accepting mainly deposits, so I guess the tenant will just see JFB as the persons getting the credit for the check.
Jim

Re: checking account in private name? - Posted by suzy

Posted by suzy on October 06, 2007 at 01:38:33:

Gerald-
If you do that, how do you get past the question of it is an LLC or what? What would you classify it as?
Suzy

Re: Fictitous business name filing - Posted by Edwin

Posted by Edwin on October 08, 2007 at 22:24:35:

I could answer your question, but that would be too easy. I suggest you do this: When you open your checking account and the bank clerk tells you you need to file a fictious business name, ask him or her: “Where do I do that?”

They will tell you where. Guaranteed. :slight_smile:

Re: checking account in private name? - Posted by Frank Chin

Posted by Frank Chin on October 06, 2007 at 04:48:45:

Suzy:

An LLC is a legal entity. A DBA is quite another. Many small businesses operating as “Joe’s Dry Cleaners” when I was younger are operated as DBA’s.

You can have a DBA operate under an LLC.

When I was in college, I started a small mail order business and I thought “Econo Gifts” sounded cute and had it printed on the catalogues. Little did I thought folks would mail checks to “Econo Gifts” and I can’t cash the checks.

So I went down and had a DBA done for $25.00. It’s not a corp, I didn’t think I needed one, and no LLC’s existed then. It merely says that’s “Econo Gifts” is a DBA for me. I can then open another checking account, or even use my own.

And I don’t have to file tax returns for another entity.

Frank Chin

LLC better than DBA - Posted by Jim

Posted by Jim on October 09, 2007 at 19:27:34:

I have looked into it and it cost the same to set up a LLC as a DBA. With a DBA in my county, I need to post notice for 3 weeks, bla, bla, bla. I don’t need to post notice for a LLC, plus I get a business id too with LLC.

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Re: checking account in private name? - Posted by suzy

Posted by suzy on October 06, 2007 at 16:46:26:

Frank-
Thank you for the info. I have a corp for my real estate transactions. I didnt know you could run a DBA under a LLC. Do you file the DBA’s where you would file the corps and llc’s? Also if you are going to buy property under a trust, im assuming you have to have that set up by an attorney and then do you file it with the courts or how does that work? Thank you so much!!

Suzy

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