Legal Question in Business Law in New York

Dba..... Incorporation???

I am starting a small ''side'' business. Do I just need to register for a DBA to make my business ''legal''?? Also, Someone told me I should ''incorporate'' but, I am a very small business with no employees and dont' think it is necessary.... is it??


Asked on 3/01/04, 10:13 am

4 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Dba..... Incorporation???

Not necessary to incorporate. If you want some liability protection you might consider being a one-man LLC, but this is only helpful if you do not give any personal guarantees to creditors. You only need DBA if you are going to use a name other than your own name.

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Answered on 3/02/04, 10:52 am
John Friedman Law Office of John K. Friedman

Re: Dba..... Incorporation???

The answer to your question can only be reached once you've determined the goals for your business. You should also understand the tax consequences of each type of organizational form. You should seriously consider consulting an attorney and/or your tax advisor before making any decision as to form. Because your project is not likely to raise any novel issues, this should not be prohibitively expensive and will likely save you significant legal and tax expenses down the road whether your venture is successful or not.

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Answered on 3/01/04, 10:27 am
richard feldman richard d. feldman

Re: Dba..... Incorporation???

a dba will preserve your business name.

whether or not you should incorporate depends on the type of business.

you can call me to discuss at 516 410 4001

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Answered on 3/01/04, 10:29 am
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Dba..... Incorporation???

To be "legal" you do not "need" to file a DBA or to incorporate. It is generally best to protect your personal assets by conducting your business under the protection of a separate corporation. This also helps to keep clear what are business expenses and what are personal expenses for purposes of taxation. Certain types of businesses require registration with various government agencies. For example, if you are selling products you must make the necessary arrangements to pay sales tax, if your business involves cleanup of oil spills, you must be registered with the department of environmental protection, etc. Our office handles business start up procedures and you can call our office to arrange an appointment at 212-267-7000.

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Answered on 3/01/04, 11:28 am


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