Legal Question in Business Law in New Jersey
I have an LLC and I want to add a DBA to it. I also want to remove my brother's name as a member because we are not doing any business together. I filed the LLC myself and there is no operating agreement. We were basically doing things 50/50. Business was internet marketing. I now want to use the LLC for the same purpose but under a different name because my brother has the domain name that is the same as the LLC and I don't really need that name, but I have invested the money in all the fees so I would like to keep it rather than terminating and starting another entity.
2 Answers from Attorneys
You can file a certificate of alternate name with the NJ Treasurer. Be sure to calendar a reminder to renew it when it expires since the State will not remind you.
See also: http://info.corbettlaw.net/lawguru.htm
Thank you for your LawGuru question.
Thank you for your LawGuru question. Creating an LLC in any name DOES NOT create any intellectual property right in the name. Whether the company can use the name or preclude others from using the name will be detemined by trademark/trade name law. In addition, a NJ LLC may not do business in any name other than its legal name without using the legal name together with the alternate name or registering the alternate name. But again, registering the alternate name with the Commercial Recording Office does not vest any right in the alternate name. You may wish to read an article I authored on the subject... it's on my website (www.bgartenberg.com). This is a tricky area of law. It would be prudent for you to get legal advice! As for "removing" a member, under NJ law, a member may not unilaterally "remove the name of another member" from the LLC. But, NJ's LLC law does provide for the removal of a member under circumstances that make it "not reasonably practicable to carry on the business with the member." Your question is one which cannot be answered in a simple email. Please contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.
Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.
With best wishes,
Barry F. Gartenberg, Esq.
Please visit my website!
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