Fictitious name for two companies

[cory1848]

Searched high and low and cant seem to find an answer to my questions. Called local business center but all I get is a busy signal.

Can a fictitious name be owned by two separate companies? Example...My friend and I have teamed up and operate under "xyz photography" Have website, business cards, etc ready to go its just not officially registered. We both want to operate under a SP business type so we dont have to deal with LLC taxes or partnership taxes...so we want the financial part separate.

I want things separate because I do more than photography, mainly graphics work that he wouldnt be apart of.

So lets say I am "abc company" and he is "qrs company", both SP's, can we get a businees fictitious name under a common "xyz photography" name for jobs that we do together?

Can I open a bank account utilizing both names so I dont have to have separate bank accounts? Bank account being under "abc company" but being able to cash a check made out to "xyz photography"?

Hopefully this makes sense... The "xyz photography" name would be just a front for the two separate SP names...

[Tigershark]

you would have to set it up using a DBA but I would personally set up an LLC and file taxes as if it were a SP and avoid the Partnership. I don't think you all will be able to have the same DBA. Why not just run it as an LLC and pay the other and write off the expense? You should be all to have the same checking account as long as it is registered as a DBA with your secretary of state. I would be hesistant about having your partner on the bank account If it were me I would have two separate LLCs or SP and just pay each other for the jobs and write off the expense good luck

[cory1848]

What is confusing for me is reading over the fictitious name application, there is a section for owners of the name. You can list individuals for use in a partnership or LLC, or you can list existing business entities, up to 4 separate ones. That is what made me think of this and if it was possible. But yet that is what is confusing me.

[tracknut]

I'm no lawyer, but I just can't imagine you'd be allowed to do such a thing. Look at it this way. What's a fictitious name filing for? It's so that if someone needs to figure out who the heck is behing a business called "xyz photography", they can do that. They can find them to hire them, to sue them, to ask them to pay a bill - whatever. If that process says "well, xyz photography could be Cory, or it could be Fred, each of which has is own business entity", I just don't see how it accomplishes the purpose.

Dave

[cory1848]

I'm no lawyer, but I just can't imagine you'd be allowed to do such a thing. Look at it this way. What's a fictitious name filing for? It's so that if someone needs to figure out who the heck is behing a business called "xyz photography", they can do that. They can find them to hire them, to sue them, to ask them to pay a bill - whatever. If that process says "well, xyz photography could be Cory, or it could be Fred, each of which has is own business entity", I just don't see how it accomplishes the purpose.

Dave

I would think it would be the same as a general partnership. Bu then again, that is why I am confused because that option is available on the app.

I guess my major concern is protecting the name...Can I trademark it without it being tied to an official business?

[tracknut]

Do you have a scan of that document handy? I'm looking at my Calif fictitious name form, and it leaves no wiggle room in this area. There are several questions about THE business which is using this fictitious name, no place I could even consider entering another business name.

Of course FL could certainly be different, but I kind of thought these would be pretty similar.

As far as a trademark, um, I won't even hazard a guess on that one. Call a lawyer. I wouldn't have thought a trademark was even relevant to the discussion.

Dave

[cory1848]

Here is the form...Section 2 part B is what is confusing me...

[tracknut]

Well there you go :)

I have a thought. I had an S-Corp at one time, and it was owned 50/50. I owned half, and my name was in various relevant documents, but my parnter in the business actually owned his half of the S-Corp through another corp he owned. So in essence the business was owned by me as a person, and another corp. I wonder if that's the purpose of sect 2B (for which there's no similar section in the Calif form, BTW). So it would still be that there was one business that was applying for the fictitious name, but the owners of that business could reasonably be people, or other business entities?

Sorry to be vague, I'm really just guessing. Perhaps tomorrow the phone for your local folks will be answered :)

Dave

[cory1848]

Finally got a hold of someone with the name... Multiple businesses can jointly own the fictitious name. They said its more or less a public domain place holder. Told me to call the IRS with tax questions...Probably spend a month on hold with them...

My next question is... I set up a bank account under abc design... abc design then buys the second fictitious name 123 design, if someone writes a check to 123 design, can I deposit that into abs design bank account? Guess what I am asking, can more than one fictitious name be attached to one bank account? Time to call the bank...

EDIT: Called the bank and you can attach two names to the same account. Little confused on the occupational license but think I figured it out. IF your an SP and you have multiple businesses, you use the same federal tax ID number for all businesses. I originally thought each business has a separate ID number but thats not the case... I just have to pay twice for the license...