Legal Question in Business Law in Massachusetts
dba
can 3 people do business under one name using dba i.e. jane smith dba office stores, john jones dba office store, etc.
3 Answers from Attorneys
Re: dba
Yes, but recognize that when multiple people engage in business together the law presumes a partnership absent some contrary agreement (e.g., that the business is actually a sole proprietorship that hires the others as consultants or employees); this default rule renders each "partner" personally liable for the obligations of the "partnership" and any acts of the other "partners." Also, be sure to file a d/b/a certificate with the clerk of the city/town where the company has its office.
Best wishes,
LDWG
Re: dba
A "d/b/a" designation refers to one person conducting business under a different name than his/her own. It designates a type of business entity called a "sole proprietorship", the simplest form of doing business. The issue involves whether all the persons doing business under the same name would be considered "partners" for both legal & tax purposes.;) Please feel fre to contact me direct for a free initial consult based upon the facts of your specific situation.
Re: dba
It is possible, but prior to commencing business as individuals, you should seek expert advice on protecting your individual assets and the business itself from creditors, law suits, levies and the like. Doing business is hard enough, but never bring the pain home to your door step!
This Office offers free intial consultation on business formation, asset protection, and business marketing, planning, and smart growth.
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