Fort Collins, CO asked in Business Law for Colorado

Q: Can I use the same LLC for both a freelance photography business and a separate ecommerce business?

I already have the photography LLC. Can I operate the ecommerce business under that or do I need to get a new LLC? Can I just change the name of my current LLC to drop the word photography?

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1 Lawyer Answer
Kevin Michael Strait
Kevin Michael Strait
  • Fort Collins, CO
  • Licensed in Colorado

A: In Colorado, yes an LLC can generally add new areas of business without having to form a new business entity. Most LLCs are formed for broad purpose under the broad language of CO Rev Stat § 7-80-103 (2020). An LLC can engage in "any lawful business, subject to any provisions of law governing or regulating such business within this state." Unless you specifically narrowed your business activity when forming your LLC, or narrowed it in your Operating Agreement (if any), then you are welcome to expand your scope of business.

Be aware that your new business of "ecommerce" sounds like you will be selling goods, and you will encounter new duties for collecting and remitting sales tax, verifying the legality of selling things into certain other states, a possible liability for selling faulty or defective goods, and other duties that come with the sale of goods at retail.

You are welcome to file trade names with the CO secretary of state and conduct your ecommerce business under a new name that is under the control of the LLC. It is a simple process to register a trade name:

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