Legal Question in Business Law in California

Filing a DBA

Just wondering what I need to do to file a DBA or if I even need to. I am a webmaster and have been using an alias name when purchasing web domains and signing up for affiliate programs. I get paid using my real name and SS# so that's not a problem, I just wonder if I should do a DBA in case I want to sell the domains one day or if complications arise regarding the dual names being used.


Asked on 11/08/99, 3:47 pm

3 Answers from Attorneys
Robert E. Drescher Law Offices of Robert E. Drescher

Re: Filing a DBA

Filing a fictious business statement with the DBA is very simple. Your only problem would be if the name you are using belongs to another company. The fact that you have filed a DBA may lend credibility to the IRS that it is a bonefide business rather than a hobby.

In my opinion it is well worth the $100 to file for a DBA

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Answered on 11/12/99, 9:37 am
Joshua Genser Joshua G. Genser, Attorney at Law

Re: Filing a DBA

If you are doing business under a name other than the

one that appears on your birth certificate, you must

file a fictitious business name statement. To do that,

visit the office of your County Recorder and fill

out the form. However, you should also consider

incorporating. If you anticipate growing and maybe

bringing in investors, partners or, eventually, selling

the business or taking it public, then being a

corporation will facilitate any of those transactions.

Also, incorporating has the benefit of shielding

your personal assets from the liabilities of the

business.

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Answered on 11/12/99, 12:16 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Filing a DBA

You should file a DBA. Unless a business operating as a DBA is registered you do not have the legal right to collect debts or enforce contracts.

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Answered on 11/12/99, 12:52 am


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