Legal Question in Business Law in Florida
Transfer of Business
I bought a business in Ocala. Do I have to buy a new fictious name for the business when we (seller and buyer) have agreed to keep the same name?
If yes, What form is needed to protect the seller?
2 Answers from Attorneys
Re: Transfer of Business
NOTE: This communication is NOT intended as and should NOT be interpreted as legal advice. Rather, it is ONLY provided FOR a general discussion of legal principles. The facts you provided DO NOT provide ALL of the details necessary to FULLY and PROPERLY respond to the question you have posed. You should NOT rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the Response below, you AGREE: (i) that the opinion expressed is NOT intended to be legal advice and DOES NOT constitute legal advice to you or any person reviewing such information; and (ii) DOES NOT, create any attorney-client relationship and WILL NOT be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Reply: The question is what did you buy. Did you buy the existing name as part of the purchase? Are you operating under a corporation or sole proprietorship? Give us a call or another attorney in your area. Craig Dorne 305-534-4757.
Re: Transfer of Business
Both of you cannot agree to keep the same name because, if you got the name as part of what you purchased, the Florida Department of State will not issue a fictitious name equal to that of an existing corporation.
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