DBA question

Im going tomorrow to do my DBA (certificate of assumed name in NYS).

Does my DBA (name of entity) need to be the same as what im advertising as?

My website is stuiephoto.com and I have been putting John Stuart Photography on things...would i Be allowed to use Joe Blow Design as my DBA Entity name (obviously a fictitious name) and not worry what name I advertise under?

OR am I missing the point completely and not realizing that thats why they have DBA's-- and I have to advertise and such under my entity name.

I may be missing your point, of you may be missing it

A DBA is needed when you operate under a different name than either a) your own or b) your corporation's. So if you are doing your business as "John Stuart Photography" then you don't need a DBA (assuming you're John Stuart). But if you want to do business as "Phantastic Photos" then that needs to be a DBA. And it would seem to me the whole point is that you want to advertise under "Phantastic Photos", otherwise what would you have the DBA for anyway?

Dave

Answered my question fine...even though you didnt know what I was talking about :P

Thanks.
I think I will make it easy on myself and keep it John Stuart Photography.

tracknut wrote in post #5601994
So if you are doing your business as "John Stuart Photography" then you don't need a DBA (assuming you're John Stuart).

But his name is not John Stuart Photography; it's John Stuart. In this case (from everything I have seen in Missouri with my client's names, and I'm not sure if other states are the same), his DBA should read John Stuart dba: John Stuart Photography. Now, if he just operated under John Stuart, he would not need a DBA.

charger912 wrote in post #5606332
But his name is not John Stuart Photography; it's John Stuart. In this case (from everything I have seen in Missouri with my client's names, and I'm not sure if other states are the same), his DBA should read John Stuart dba: John Stuart Photography. Now, if he just operated under John Stuart, he would not need a DBA.

That's not my understanding, but as usual "see a professional" might be a good answer. In this case, the local county clerk or city hall is probably the relevant expert. To my understanding the normal decision on a DBA is whether his name is *in* the business name; it need not be exactly that the business name is equal to his name.

Dave

tracknut wrote in post #5606416
That's not my understanding, but as usual "see a professional" might be a good answer. In this case, the local county clerk or city hall is probably the relevant expert. To my understanding the normal decision on a DBA is whether his name is *in* the business name; it need not be exactly that the business name is equal to his name.

Dave

Thats how it is in Florida...If you dont have a fictitious name on record, your full name must be in the business name...

For instance...
John's Photography - Need a DBA name
Stuarts Photography - Need a DBA name
John Stuarts Photography - Do Not need a DBA name

My name isnt catchy so I always end up going with a fictitious name

Some places there's also a difference with "John Stuart Photography" = need DBA and "John Stuart Photographer" = no DBA needed.

Your best option is to contact some place like Legal Zoom where a staff can help you with these questions, and they know 100% without a doubt what it is per state. In Illinois I just said F the DBA because of all the paper work, and just went in as a LLC.

Thanks lawyers, you know it well!!!!!!!

EnronRocks wrote in post #5607517
Your best option is to contact some place like Legal Zoom where a staff can help you with these questions, and they know 100% without a doubt what it is per state. In Illinois I just said F the DBA because of all the paper work, and just went in as a LLC.

Um, what??

The decision isn't "DBA or LLC". One might use a ficticious name with an LLC, a Corporation, or a Sole Proprietorship. DBA paperwork is one form that's needed (at least in Calif) every 5 years, and is locally filed at your county or city level. Yes, the gory details on the form will vary by state, but it sounds like you've got something confused here.

Dave

EnronRocks wrote in post #5607517
Your best option is to contact some place like Legal Zoom where a staff can help you with these questions, and they know 100% without a doubt what it is per state. In Illinois I just said F the DBA because of all the paper work, and just went in as a LLC.

Thanks lawyers, you know it well!!!!!!!

LegalZoom is in no way related to lawyers. All they do is charge you to sill out your paperwork. For a place that charges you 80 dollars to get a federal EIN (which, for those who don't know, is free to do online), I would not trust them to tell me if I need a DBA or not.

Thanks all for your help. I guess I will need to contact someone to advise me more specifically.

Contact your Secretary of State's office. They should be able to answer any questions you have.

johnms88 wrote in post #5607806
LegalZoom is in no way related to lawyers. All they do is charge you to sill out your paperwork. For a place that charges you 80 dollars to get a federal EIN (which, for those who don't know, is free to do online), I would not trust them to tell me if I need a DBA or not.

Thanks all for your help. I guess I will need to contact someone to advise me more specifically.

Well, seeing as you apparently have not done business with Legal Zoom I am sure you have no validation of what you just said. Legal Zoom was started by 3 Lawyers my good friend, and they apparently know what they are doing.

Hmm, interesting. Every DBA in every state is the same depending on said state, the only difference is the person filing it and the name you want to use. The paper work gets filled out the same way and gets submitted the same way.

Legal Zoom is a service business, and they charge for the expertise that is offered if you need it.

EnronRocks wrote in post #5613402
Well, seeing as you apparently have not done business with Legal Zoom I am sure you have no validation of what you just said. Legal Zoom was started by 3 Lawyers my good friend, and they apparently know what they are doing.

Hmm, interesting. Every DBA in every state is the same depending on said state, the only difference is the person filing it and the name you want to use. The paper work gets filled out the same way and gets submitted the same way.

Legal Zoom is a service business, and they charge for the expertise that is offered if you need it.

From the footer:

I filled out the DBA because I work under a company name. And the bank wouldn't deposit a check made out to the company name into my personal account.
This is what I have for my business:
DBA filed with the county(it's only $25, why not do it?)
LLC filed with NYS(that was way more expensive and complicated)
company bank account
liability insurance(just in case Great Aunt Betty trips over my camera bag and breaks her ankle)
I'm a sole proprietorship, and since I don't have employees, it's much easier.
Hope that helps.

Contact your Secretary of State's office. Excellent advise!! When I filed my LLC paperwork the state was more than happy to answer an questions I had legal and tax wise, I did not have to hire an attorney as the Secretary's staff was more than helpful through the entire process.