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
Jane Kim
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Answered
  • Naples, FL
  • Licensed in Florida

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?

Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

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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