Posted by Rainbow on September 22, 2005 at 23:34:28:
Division of Corporations, State of Florida no longer allows you to register or separate a name…you search for the name you want, and if not listed, then file your papers ASAP, and then you get it.
Filing can be done withing minutes online for LLC, Corps, partnerships, etc.
When can I use LLC in name? - Posted by Gerald(NC)
Posted by Gerald(NC) on September 16, 2005 at 14:37:45:
Quick question here. I am getting my DBA prob Monday for my biz name. Until I get the LLC stuff done, is it ok if I “tell” people the name with the LLC at the end? As in, having my signs made, can I go ahead and have them say LLC even though it will be about 3-4 weeks before I am actually an LLC?
If I get some homes under I contract I will of course only have the biz name on the contract, not the LLC. But is transferring it to the LLC later neccessary or, will it already be concidered part of the LLC holdings?
de facto vs. de Jur - Posted by John Merchant
Posted by John Merchant on September 16, 2005 at 14:54:57:
As long as all goes well, no lawsuits or claims arise, no problem in using “de facto”, unregistered LLC name.
This is done, albeit unintentionally, a lot, with expired LLCs, which are no longer “de jure” (legally registered and current).
The owners or manager have neglected to keep the registration current, paying the Sec of State’s fees, etc. and the actual legal entity has died.
Just like a dead man being carried around in your car…he’s not really any good to you in a clutch is he?
What the de facto LLC would/could lose would be the right to present defenses to any claim, as if it’s not legally registered it would be found to be non-existent by the court and therefore incapable of mounting any defenses.
And of course the de facto LLC would be quickly penetrated and found to present no shield against liability for its owners/operators.
Thanks - Posted by Gerald(NC)
Posted by Gerald(NC) on September 16, 2005 at 18:19:26:
Ok good I thought it should be ok. I know just using the name offers no protection, I just wanted to make sure I could go ahead and have cards printed saying LLC, and get my signs made saying LLC, etc., all my advertising stuff.
Thanks.
Re: Thanks - Posted by John Merchant
Posted by John Merchant on September 16, 2005 at 18:53:39:
Just remember to register your name with the state, which you can do before you file your LLC docs…state Secs of State offices normally allow and encourage this so you don’t try to register a name that’s already taken.