Q: I formed an LLC in Louisiana, but I'm planning to drop the LLC for the business. Do I need to file a DBA with the state?
After forming the LLC, I was planning on forming a DBA to drop the LLC from the business name. Example of that "Bob Building LLC" as the corporate name and "Bob Building" as the business name. However, when I go to apply for a DBA under "Bob Building", the state of Louisiana won't let me form a DBA under it because it conflicts with my LLC name. Do i still need to form a DBA to do business under this name?
A: Depending on your usage need, you are generally allowed to use the registered business name with or without the "LLC," without filing a DBA. The DBA is typically used when a substantially different name is used in commerce than the business's legal name, or when an entity, typically banks or the government, require the name used on their paperwork to match the name used in commerce. If you are running into an issue with the latter, you can file an amendment to your current registration changing the name of your business to include "d/b/a NAME" or simply to the same name without "LLC". Whichever method you choose, you should clear it with the entity requiring the DBA to ensure that they are okay with your proposed solution.
As usual, the particular facts of your case may or may not allow that type of fix, and you should contact an attorney to get personalized advice.
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