West Palm Beach, FL asked in Business Law for Florida

Q: Can an employer open an LLC in different state under my name? Now they ask me to open a business account under my name.

Without my knowledge. They already opened an LLC and sent me the paperwork to open the business bank account. Is it legal? I don’t understand how can someone open an LLC under my name without me being involved?

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2 Lawyer Answers

A: Obviously more facts are needed. But unless your name is Ford and someone opened another Ford and sells cars there, why not? Would their opening a business, using what happens to be your name, is creating some sort of market confusion? Is your name trademarked? Is your name already being used in the similar marketplace?

A: Are you saying they open the LLC appointing you as an officer? Only a listed officer can open an account. If this is the case, you have right to decline. You don't need to be forced to do anything you do not want to.

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