Legal Question in Business Law in California

Signing Contracts to a company

I want to establish a company to whatever extent is necessary to have contracts signed between parties working under the company and the company itself to be legally binding. I have looked at registering a Fictitious Business Name but I have the feeling that there is more required.


Asked on 8/16/07, 1:05 pm

4 Answers from Attorneys

Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Signing Contracts to a company

I concur with the others; you need professional assistance to accomplish your goals.

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Answered on 8/17/07, 1:23 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Signing Contracts to a company

Well, here's the problem with registering a fictitious business name. That doesn't create a business entity; all it does is provide notice that another person or entity is using a name that isn't his, her or its' real name. You would still legally be a sole proprietorship. The contracts would not fail to be legally binding for that reason, but they would be binding on you. The fictitious business name does not insulate the party registering the name from liability. Indeed, the effect is the opposite; it makes it easier to locate you.

Maybe this is what you have in mind, but I think it's more likely what you want to accomplish is avoidance of personal liability.

If that's the case, you need to form a corporation or LLC and capitalize and operate it properly. Some folks can do this themselves, but first time around it is wise to use a lawyer.

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Answered on 8/16/07, 1:44 pm

Re: Signing Contracts to a company

I think you need to have a consultation about what you are actually looking to accomplish. Do you want to try to limit your liability? Do you want merely to do business under a different name?

What business you are in, the type of work, the possibilities of liability both to people that you are working with as well as to third parties are important to consider.

I would be happy to meet with you in person or by phone. We're not far if you are in Northridge.

Caleb

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Answered on 8/16/07, 1:49 pm
Terry A. Nelson Nelson & Lawless

Re: Signing Contracts to a company

??

If what you want is an enforceable contract, then make sure the contract is properly drafted for its purpose - use competent counsel to ensure that. No one can give you enough 'tips and tricks' anonymously on line to make you a competent drafter of agreements. That's what lawyers are for. Either pay small legal fees now to do it right, or pay large legal fees later when involved in lawsuits over the terms in dispute.

If you're asking what form of business to establish, then consult with both tax and legal advisers to determine what works best for your intended business purposes, there are different types for different purposes. A fictitious business filing does nothing to establish a business other than its name.

Feel free to contact me if interested in getting legal help in doing these things right. I've been doing this for over 30 years.

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Answered on 8/16/07, 1:58 pm


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