McDonough, GA asked in Business Law and Contracts for Georgia

Q: Personal vs business name on a contract?

I am a physician independent contractor doing locum jobs. I have my own LLC. I am having a new part-time job, what name should I put in that locum contract? My name or the business LLC name? Does it matter? Can I simply use my name and have the LLC name put on the W9? Thanks

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2 Lawyer Answers
Glenn M. Lyon
Glenn M. Lyon
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: Since you already have the LLC set up you should use the name of the LLC on the locum agreement, and any accompanying documentation.

Jonathan Avi Barash
Jonathan Avi Barash
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: People set up LLCs for various reasons, but primarily for tax reasons and to limit their personal liability. As far as the latter reason, while an LLC could limit your liability for business debts, it probably won't limit your liability for any malpractice claim as such claims are almost always personal. Nonetheless, since you have the LLC set up and are operating as an LLC, you should use the name of the LLC for your locus agreement. Also, be sure to show that you are signing on behalf of the LLC, rather than personally. (Generally, in the signature section of the agreement, you should put the LLC name first, then your signature underneath that, and then underneath that you should print your name and title (i.e. Member, Managing Member, etc... as appropriate).

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