Legal Question in Business Law in Connecticut

hello for some time now i've had my mind set on getting involved in internet marketing and hopefull generating an in come from home. what i want to know is wheither or no it is possible and lawful for a privacy freak like myself to market and brand myself through videos and articles using a pen name and if so how would i go about recieving cashable checks written out to that penname


Asked on 11/08/10, 7:59 am

2 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

As a franchise attorney, I can tell you another word for a "pen name" is a brand or mark. Brands and marks, like McDonalds, are used frequently. You file a fictitious business name statement with your city, that goes something like: John Smith (your legal name), doing business as _____________ (the business pen name or brand). Once they issue the business license, you take the license to a bank and open an account under your business name. Then you can cash checks under that name, or even set up a merchant account under that name to accept credit card payments. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Attorney

Franchise Foundations APC

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Answered on 11/13/10, 11:09 am

You should also consider incorporating and thus limiting your legal exposure and liability.

Incorporation would allow you to use a business name and open a bank account under the corporate name. Having a corporation would also allow you to deduct certain business expenses (you should consult your accountant). Finally, incorporating would allow you to hire employees, add business partners, bring investors or SBA loans and eventually sell your business.

Roman R. Fichman, Esq.

www.TheLegalist.com

212--337--9837

Admitted in New York and Connecticut

Disclaimer: This posting has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice. You should always consult an attorney admitted to practice in your jurisdiction for specific advice.

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Answered on 11/13/10, 8:14 pm


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