Legal Question in Business Law in New Jersey

Re: Legal steps to register ''DBA''

Dear sir or madam:

Are you also doing business as a sole proprietor, or are you a corporation, partnership, or LLC?

You might find it preferrable to have the seller assign the business name to you (as opposed to relinquishing it, then re-filing).

These sort of details should be handled by the attorney representing in the purchase of the business. If you need assistance in closing the purchase, contact my office directly at [email protected].

Anthony S. Park

Re: Legal steps to register ''DBA''

You do not say what form of entity is being used to purchase the business. Sole proprietorships file Certificates of Trade Name with the County in which the business is to be located. This only gives you County, not State-wide name protection. If you are using an entity other than a sole-proprietorship (like a partnership, LLC, Corporation), the name must be registered with the State, not in the County. You should receive a Bill of Sale that also shows you purchased the tradename, plus the agreement of the Seller to change his name or terminate its use. He files the document terminating his use of the name. Depending upon your operating entity you file in the appropriate office. If your operating entity requires a State registration, you should check the NJ business website to be sure the name is available for use. If you need help, contact me directly.