Legal Question in Business Law in New York

Can I register a business in Delaware as a Parent company under one name, and then register a child like company in New York with a separate name as a subsidiary or foreign entity or even as a (DBA) with the parent company in Delaware as the owner of the child entity?

Also, if (DBA) is a viable option can I use the same parent company name from Delaware register as the (DBA) name for NY?

Another important question I would want to do s-corp, but I'm Thinking of the parent company been LLC or INC., which be the better option and less expensive to maintain in long run?

Also, which would be better INC. or LLC if I'm looking at the (DBA) option?


Asked on 3/14/24, 6:03 am

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

What makes it a sub is that the patent entity has control of the voting interest. It can be names anything you want.

You are free to file a DBA as well.

An LLC is almost always the more user-friendly option and you have the "check the box" tax election option to treat is as a corp for tax purposes then you can elect S-corp treatment, but I would consult your CPA before you do that.

f you need help or clarificaitoin, feel free to contact me anytime that is convenient.

You can review our outstanding client reviews here: https://www.avvo.com/attorneys/10007-ny-frank-natoli-1791330.html#reviews.

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Kind regards,

Frank

Natoli-Legal, LLC

www.LanternLegal.com

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Answered on 3/14/24, 7:35 am


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