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MenuCan we change the operating name of our business while keeping the legal name the same? How?
The business is incorporated.
Answers
Yes. That's called a "fictitious business name" or an "alias" or "doing business as (DBA)" depending on what state you are in. Should be a fairly easy filing option available from your Secretary of State. If you can't figure it out on your own any attorney could do that for you, although you should be able to do on your own.
If I remember correctly, this goes through your filing lawyer. When you incorporated you needed a law firm to sign off your documents, this name change would go through them. Business as names can vary from the corporate tax name but you have to advertise them to satisfy the fcc.
Are you starting a new business unit? If so then just create an llc and that'll take care of it. Or vice versa.
The laws of business filings with respect to incorporation, names, etc. will vary from state to state. The best definitive resource (other than a lawyer) is your Secretary of State web site for your state of incorporation. In my experience, I have filed a registered name which created a DBA (doing business as) name. I was able to advertise and operate on this name with the need use DBA for certain legal documents, such as checks. On invoices, it would put my DBA name and underneath put (a Division of ParentCo, Inc.).
With any name change, there might be ramifications involving domain names. Many you might not think of.
If you'd like to discuss choosing a name or evaluate relevant domains, then let's talk.
Related Questions
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How can one file an EIN without an SSN/ITIN?
You should retain a lawyer, or another qualified individual, to act as the third party designee for the corporation (if you do not have a partner or co-owner who is a US citizen). The designee should prepare Form SS-4 (Application for Employer Identification Number) and Form 8821 (Tax Information Authorization) for the corporation’s president to sign and return.MM
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How do I write an NDA with the right jurisdiction/governing law?
From a legal standpoint: an NDA is an agreement - something contractual, and therefore is not limited (by law) to any specific jurisdiction. So, you can select Delaware or California, or India for that matter. From the business aspect, the best jurisdiction to select would depend on: 1. Jurisdictions that are known to be 'friendly' to your type of business. 2. Jurisdictions in which your lawyer is licensed to practice / the cost of lawyers isn't too expensive. 3. Somewhere not to far from where you are physically located - in case you actually have to go to court. Lastly, best to add a required arbitration or mediation clause if you don't have one. Good luckAB
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Where to incorporate a new software as a service busines?
I'll keep try to keep this answer brief, but there are several factors and nuances that can be discussed in more depth. Where you decide to incorporate partly depends on what your future goals are with your company. Companies that plan to seek venture capital or go public typically choose Delaware as the state of incorporation, and usually choose a C-Corp. Delaware has a very well developed body of law surrounding corporate governance and that provides comfort and more certainty to future VC investors. If you're not planning to seek VC money any time soon, an LLC is a smart decision because of the tax benefits it can provide to you as the owner. It sounds like you want to grow your company on your own without outside financing. If that's the case, I would recommend forming your LLC in California. Regarding California vs. Delaware, one benefit to forming your LLC in California is that you can avoid paying a registered agent fee which can cost anywhere from $100-200 a year. If you plan to seek venture capital down the road, you can reincorporate in Delaware.JI
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Shall we register our company before testing the MVP?
I do not believe you should incorporate your company yet as there is a chance you will scrap the idea or iterate on the assumptions after analysis. I suggest you run your initial testing on a very minimal MVP to see if there is interest. I would go further in saying that you should not even allow people to pay only have them click on the payment option because at that point you know that it would be a conversion. The ONLY thing you are proving with an MVP is validation of an idea. Only make the mousetrap front end and see if you can drive users to where you want and stop. Even if you frustrate some people, it was worth it as you now know for sure people will buy or do what it is you wanted. Schedule a call with me to find out more. God knows I have done this enough times. Good luck JoshJJ
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How do I deal with a partner/investor that hasn't delivered on his end of things and now wants his money back?
This sounds as a deja vu to me. I have been in a similar situation back in 2000, we could only solve the issue thanks to a good mediator. However every situation is different and hence your route to a solution might be different. It also depends where you are in the world that defines how an email and/or verbal agreement might be a sufficient ground for legal actions. I am not a lawyer and can not judge that.PS
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