Legal Question in Business Law in California

Re: internet business lic

If I understand correctly... You have an S-Corp and you want to do business with the S-Corp under a different name. You have filed for a fictitious name statement with the county and submitted the proper County and State forms to govern such a transaction. You are now asking whether you need to file for a separate business license with the city/county and State? If I understand your question correctly, and you understand what you are asking, the simple answer is most likely no. The S-Corp will most likely not have to pay for a new business license to operate under a different name (although there probably will be other fees and forms, including the duty to post in a newspaper for x number of days). Your city might have different rules (unlikely). However, I would also ask why you did not mention whether you have a business license with your City. Most (if not all) cities require you to file for a business license with the city you are working in. In a number of situations if you have to file for the city license you do not need to file for the county license (not a definite rule). If I misunderstood your question, I apologize and please re-submit and I will take another crack at it.

Re: internet business lic

As I understand your question, you want to know whether you still need a business license from your city or county if you already have formed a corporation with the California Secretary of State and/or have filed a fictitious business name statement with your county.

The answer is YES. Neither of the other two filings substitutes for a business license. If you are in a city, you need to obtain a license from that city, and if you are in the unincorporated area of a county, you need to have a county-issued business license.

Although it wasn't part of your question, I might add a couple other things that might add to your understanding and that of others who might read this question and answer:

First, a corporation doesn't file a DBA if it is doing business under its corporate name. The reason is that a corporation's name isn't fictitious.

Second, the state forms corporations, not c-corporations and s-corporations. Whether you are an s or a c is an election the shareholders make, after the corporation is formed, and not a category that results from the creation of the corporation (such as for-profit vs. nonprofit).

Re: internet business lic

These guys are correct and the length of their answers highlights the fact that you should consult an attorney regarding your business and probably your Internet business. My firm is focused on Internet law and helping startups get off on the right foot because we want them to succeed and become good, long-term clients. We have an experienced CA attorney to address your business needs and I serve as General Counsel for numerous Internet based companies.