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#2291814 - 12/19/23 09:12 PM Can an LLC be a DBA?
RubyTues Offline
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Joined: Jun 2014
Posts: 30
We have a customer who wants his account styled:
His name DBA His LLC name. For example, Joe Smith DBA Smith LLC.
This doesn't make sense to me. He is using his SSN. Seems to me it would just be Smith LLC, in his SSN, and with him as a signer and appropriate beneficial ownership. Has anyone seen something like this before? Any suggestions?

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#2291817 - 12/19/23 09:54 PM Re: Can an LLC be a DBA? RubyTues
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 85,445
Galveston, TX
He just cannot do that. If he wants an account in the name of the LLC, then he provides you with a proper corporate resolution in which he appoints himself with the power to open bank accounts and appoints himself as an authorized signer for the account. Whether he uses his SSN is a tax issue, as likely this is a disregarded entity from a federal tax perspective. An individual cannot do business as a corporation. Tell him to go talk to his attorney if he has questions.
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#2291818 - 12/19/23 10:08 PM Re: Can an LLC be a DBA? rlcarey
RubyTues Offline
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Joined: Jun 2014
Posts: 30
He IS an attorney--that's the best part

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#2291820 - 12/19/23 10:10 PM Re: Can an LLC be a DBA? rlcarey
RubyTues Offline
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Joined: Jun 2014
Posts: 30
Thank you. I thought the same, but thought I was missing something!

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#2291845 - 12/20/23 07:14 PM Re: Can an LLC be a DBA? RubyTues
John_Burnett Offline
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John_Burnett
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Cape Cod
Just remember that every law school class has its bottom 2 percent.
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#2291864 - 12/20/23 09:18 PM Re: Can an LLC be a DBA? RubyTues
rainman Offline
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rainman
Joined: Nov 2004
Posts: 3,328
Ask him to provide you with a copy of his assumed business name registration with the state. Most states prohibit registration of a DBA that includes an entity designation (LLC, Inc., Corp., etc.) unless the party registering the name is in fact such an entity.
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#2291867 - 12/20/23 09:28 PM Re: Can an LLC be a DBA? RubyTues
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 85,445
Galveston, TX
That might not be a great solution. In many jurisdictions, the county clerk will allow anything to be filed, whether it complies with State law or not.

He already appears to be an idiot - he just might file one.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2291870 - 12/20/23 09:37 PM Re: Can an LLC be a DBA? John_Burnett
RubyTues Offline
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Joined: Jun 2014
Posts: 30
True!

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#2291871 - 12/20/23 09:38 PM Re: Can an LLC be a DBA? rlcarey
RubyTues Offline
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Joined: Jun 2014
Posts: 30
Thank you again!

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