Legal Question in Business Law in California

Dba

Over the past 4 years my company has been acting as a sole proprietor.

In May 2005 I incorporated. Do I still need to file a DBA in with the

county clerk.


Asked on 4/19/05, 8:07 pm

3 Answers from Attorneys
Austin Bosarge Turning Point Law

Re: Dba

You would only need to file a fictitious business name if you don't use the same name you incorporated. Also, make sure you are properly handling the purchase of stock with the assets of the sole proprietorship as tax free exchange. If you need any assistance with your corporate formation, please contact me at your convenience.

Regards,

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Answered on 4/19/05, 8:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Dba

Maybe. The better term for 'dba' is probably 'fictitious business name.' The corporation's true name is not fictitious in a legal sense, even though you 'made it up.' Therefore, no filing of the name is required.

On the other hand, if you incorporated as "Jones Hamburger Industries" but do business as "Jonesy's Burgers," you'll need to file a dba.

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Answered on 4/19/05, 8:59 pm
Daniel King Law Offices of Daniel King

Re: Dba

if you are using the exact name as the corporation you don't NEED to do so, but i would recommend that you do so, regardless.

the cost of filing and publication, as you know, is minimal, and i have seen instances where the extra precaution has paid off.

call if you have further questions.

daniel king

818 587-9299

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Answered on 4/20/05, 5:36 am


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