Legal Question in Business Law in New Jersey

Currently, I'm working in a consulting firm in NJ. My husband wishes (ofcourse with my help) to start a similar consulting business. Though, he doesn;t have any NC agreement, I wish that he uses a fictious name while signing the contract / emails etc. The only reason behind my motive is that we have very unusual last name. If he uses his legal name, everyone would suspect that he is my husband and I'm the one who is behind his business and it might cost me my job. Is there any way to solve this problem ? Someone told me that he can fill up and sign some sort of doc with the NJ State, providing his real identity and the alias. Which form is that ? Again, I don't wish to get the information displayed publicly. Please help me. I'm stuck only because of this. I appreciate al help.


Asked on 1/22/11, 4:40 pm

2 Answers from Attorneys
Barry Gartenberg Barry F. Gartenberg LLC

Thank you for your LawGuru question. In NJ, a "trade name" for a sole proprietor is registered with counties where the business is conducted. Most counties (if not all) have the forms available on the County Clerk website. Once filed, the information does become a matter of public record. Furthermore, a sole proprietor operates as an individual and cannot sign contracts in a "fictitious name." You may want to visit my website---there you will find an article I authored on business names. Your husband is, for liability reasons and other reasons, probably better off forming an LLC or corporation. Those will limit certain types of liability and get you close to where you want to be with respect to the name issue. Please call to so that we can address the matter more fully. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

With best wishes,

Barry F. Gartenberg, Esq.

Please visit my website! www.bgartenberg.com or call me if you�d like to learn more about me or my practice. Thank you.

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Answered on 1/28/11, 5:33 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

The answer is simple. Your husband should establish a Limited Liabiity Company. He should have a lawyer do this so he will not be the signer of the Certificate of Formation.That will keep the ownership private for a while.

Remember, when he does work, publishes a web site, Linked-in, twitter, or facebookm people will be able to search the company information and in the search will get his name from those sources!

Call me at 856 665-2121 to discuss this further.

I hope this helps!

Ron Cappuccio

www.TaxEsq.com

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Answered on 1/29/11, 2:46 am


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