Legal Question in Business Law in Minnesota

company name

I registered a busines ''X Y Tours ''in Minnesota and doing business out of Minnesota but my clients are all over USA. Now, I see that there exits already a company ''X Y Exploratory Mountain Travel'' doing business out of NJ and our market segment is the same. Do you suggest me to change the name of my company or I can use some fictitious name to do business?


Asked on 4/02/08, 6:58 pm

1 Answer from Attorneys

Steven Vatndal Law Office of Steven J. Vatndal

Re: company name

I suggest checking with the department in NJ that regulates the use of fictitious names (in Minnesota it is the Secretary of State). You may be able to register your d/b/a in NJ. I'm assuming you're a sole propritorship and that this is a d/b/a. You should also check the other states you do business in, also checking whether there is an obligation to register as a foreign company doing business in the state and checking whether you have any responsibilities concerning state income or sales tax.

I know it is tempting to ignore these requirements, but the penalties can be severe if you get caught. With some clients who do business in several states, I review a checklist with them and we allocate who will do what in order to minimize expense. What I mention here is not a complete checklist, and the checklist will vary depending on how your business is organized and the nature of your business.

Please e-mail me directly with any questions at

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Answered on 4/03/08, 8:05 am


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