Posted by Garrett Sutton on August 03, 2004 at 10:04:15:
I personally do not like using a dba in the place of an LLC name. The issue is whether notice is provided to the public that you are operating as an LLC, which provides you with the protection. If your dba is simply XYZ, without the LLC designation, a court can ( and in one case here in Nevada, will ) impose personal liability on the grounds that notice of a protective entity was not provided. Be very careful when using a dba. Garrett
We have an existing LLC. Recently we obtained a dba for it to do business under another name – for example: ABC Company LLC is now doing business as XYZ. Is it legit to attach the LLC to the XYZ – seems like LLC gives more credibility to a company name. (It actually is an LLC company, but can the name of the dba add it?)
Posted by John Merchant on August 02, 2004 at 12:32:06:
Yes, just like you & I, an LLC can do a d/b/a, either formally, or informally.
Formally, a d/b/a is established by registering with your Sec of State, in Assumed Name records, and once this is done, can sue to enforce its contracts done under that name.
Millions are NOT formally or legally registered, but so long as it doesn’t try to enforce any contracts under that name, or commit any fraud or other litigatable trouble thereunder, no foul.