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Thread started 29 Aug 2011 (Monday) 17:24
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Legal Issues With Name Change?

 
PeaceFire
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Aug 29, 2011 17:24 |  #1

Google has been no help...

When I started my business I decided to use Legal Name Photography to simplify things. Now, I am getting married in a few months and I'm going to be taking his last name. However, I hate his last name and what my new name will be and do not want that to be my business name, I want to keep my business name just so I don't have to go through the hassle of changing everything.

If I do keep the business name but change my legal name do I now need to register my business name? It's not required here if you use your legal name so I never have.


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Mark1
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Aug 29, 2011 20:29 |  #2

Check with your local small business association. The rules can be different in every county of every state. Some places it does not matter as it once was your legal name. Others you will need to file a DBA as it is no longer your legal name.


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MJPhotos24
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Aug 30, 2011 04:01 |  #3

That's definitely a new twist on the question, have you thought about going to your bank and asking one of the reps there how it would work? Just had a sit down with my bank rep about a new business getting started and she had the answers quickly, but then again she's really good at her job and I refuse to see anyone but her when I go in! Question was about using a different name for a company that may start up and her answer was if it was just me then I could do a DBA (simple), but since it might be a partnership then I'd have to register the name and get a Tax ID, etc. So my assumption would be DBA that is cheap and easy, but assuming is always a bad thing - so maybe head down to the bank where you have your account that you've cashed checks in the past made out to the business name and ask one of the reps if it's like my area where I don't think there is a small business association you can walk into any time.


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Aug 30, 2011 09:38 |  #4

The only time I can think of that I've needed a DBA has been to get accounts or loans from a bank. They want all the paperwork right on the company. Once the accounts are set up, and presuming you aren't planning on changing your banking setup, my *guess* is nobody would ever come back and ask why you don't have a DBA since your name is now changed.

If it were me, I think I'd just move on w/o a DBA. Worst case, some day down the road someone requests one, then you can get it. I doubt very much that <your old name here> Photography could somehow become a trademarked name that you couldn't use.

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Aug 30, 2011 09:45 |  #5

Congratulations!
I wonder if you could 'halfway' change your name.
My wife and I adopted a one year old child some years back, we changed the name with the state and got a new birth certificate, but we never changed it with the Social Security Administration. When I file my tax returns electronically, listing the child with my last name, Uncle Sam rejects it. When I list the birth name, they accept it. My kid has two last names.

I have no idea how this would apply to business ownership (which is at the state level) but I just though it might be something to consider.


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Mahgnillig
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Aug 30, 2011 11:36 |  #6

If you don't like his last name, why adopt it? Plenty of married couples keep their own names. My husband actually changed his last name to mine because he didn't like his own!




  
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PeaceFire
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Aug 30, 2011 11:52 |  #7

Mahgnillig wrote in post #13024696 (external link)
If you don't like his last name, why adopt it? Plenty of married couples keep their own names. My husband actually changed his last name to mine because he didn't like his own!

I want our kids to have the same last name as both of their parents. That, and my last name right now is my ex-husband's last name. No need to hold onto it anymore.


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doogle510
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Aug 30, 2011 11:59 |  #8

So I work for a bank in CA and deal with busienss account all day long. I can tell you if you changed your name, you would be required to get a DBA seeing how that is no longer your legal name. No question about it. Also if you have an account already open and you go into change your last name on the account, they will be asking for the DBA paper, showing your new last name.


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PeaceFire
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Aug 30, 2011 12:09 |  #9

doogle510 wrote in post #13024791 (external link)
So I work for a bank in CA and deal with busienss account all day long. I can tell you if you changed your name, you would be required to get a DBA seeing how that is no longer your legal name. No question about it. Also if you have an account already open and you go into change your last name on the account, they will be asking for the DBA paper, showing your new last name.

Thanks! That's the answer I was looking for.


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