Legal Question in Business Law in Georgia
I retained my maiden name when I got married - but use my husbands last name in some situations for convenience. I am planning to start an online business and would like to do so under my "unofficial" married name. Would I need to put that on record somewhere? Are there any legal ramifications?
3 Answers from Attorneys
You can use any name you want as long as you don't take someone else's name with whom you have no connection and you're not trying to defraud anybody. There's no law that says you have to take your husband's name, but I don't know of any that says you can't use it when you want to.
If you incorporate or form an LLC (which I highly recommend doing for many reasons), you can use whatever name you like that is not taken or otherwise infringing of someone else's name. If you are not going to set up a separate business, you most likely will have to register a trade name with the Superior Court where you are located because your trade name is different than your legal name.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Regardless of what surname you wish to use, you can achieve different levels of anonymity depending on how you decide to have your business registered and what organizational structure you decide to take (e.g. an S Corp., an LLC etc.). The tax implications of what structure your business takes must also be considered.
It is important to keep in mind that the corporate structure you choose can effect your anonymity when transacting business in other states and countries.
Frankly, this is a subject that is best discussed over the phone or in person. Please feel free to contact me if you wish to discuss it in greater detail.
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