Legal Question in Business Law in New York

I have an S-Corp that I no longer need and want to end. The S-Corp has a DBA that I would like to continue using as a Sole Proprietorship. How does the DBA name get transferred or made available to for the Sole Proprietorship?

Asked on 9/25/20, 6:32 am

3 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

I do not believe there is any way to transfer the DBA from your entity to yourself. You can call the Secretary of State and ask, but I think you will have to just create a new DBA under your own name. These are not cleared at the office like the business entities are so it should not matter that there is another record with the same name. But understand that if you are holding yourself out under a brand you need to clear that for trademark purposes before investing in it.

If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

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Answered on 9/25/20, 6:47 am
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

One cannot "transfer" a DBA. I can assist with the dissolution of the s-corp and with a strategy on how to achieve your goal of having that DBA as a sole proprietor.

Roman R. Fichman, Esq. │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Answered on 9/25/20, 7:13 am
Richard Bryan Richard Bryan Attorney PC

There's nothing special about continuing to use the dba for conducting business, so long as you're not doing all of this with bad motives. No need to "transfer" the DBA; just continue doing business as you were. Dissolving the corporation can be a pain in the neck.

Good luck.

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Answered on 9/25/20, 7:51 am

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