Legal Question in Business Law in Texas

maiden name in business

I am starting an internet counseling business, and would like to use my maiden name. With appraisal districts posting my address, house map, and appraisal value on the web, I feel the need to maintain as much privacy as possible. How do I go about legally using my maiden name just for business? My bank accounts are in my married name and the IRS knows me by my married name. Can I open an account in my maiden name? What about the IRS?


Asked on 11/20/05, 3:57 pm

2 Answers from Attorneys

Cheryl Mullin Cheryl Mullin & Associates, PC

Re: maiden name in business

Generally, it's always a good idea to do business through a corporation or other legal entity, rather than as a sole proprietorship. This protects you and your personal assets from certain types of liability (for example, contractual liability and liability that results from the negligence of your employees, if you have employees). With that in mind, you could form a corporation, limited liability company or limited partnership with your maiden name (similar to Mary Kay corporation), assuming that that there is not another corporation or entity with the same name.

Cheryl

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Answered on 11/20/05, 4:24 pm
Peter Bradie Bradie, Bradie & Bradie

Re: maiden name in business

There's no legal impediment to using your maiden name as your business name, so long as you have some identification that shows that is your maiden name. Otherwise you'll be running into all sorts of bureaucratic problems. But that is if you want to operate your business as a sole proprietorship.

Otherwise, see Cheryl Mullins' suggestion for either a corporation or a single-member LLC.

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Answered on 11/21/05, 9:49 am


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