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New Hampshire Business Formation Questions & Answers
1 Answer | Asked in Business Formation for New Hampshire on
Q: Does a person who is DBA as C-corp enjoy the liability protection of the C-corp?

If we create a C-corp business, e.g. ABC Widgets, Inc but then create a DBA in a person's name, e.g. Jane Doe, DBA ABC Widgets, Inc, does Jane Doe also benefit from the liability protection of ABC Widgets, Inc? Would Jane incur any personal liability from this type of business structure?

T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023

No, a person who is a DBA as a C-corp does not enjoy the liability protection of the C-corp. A DBA is simply a fictitious name that a business can use to operate under. It does not create a separate legal entity from the owner of the business. In the case of your example, if Jane Doe creates a... View More

1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Can a dba registered In one state be used in commerce in a state other than which it is registered.
William J. Amann
William J. Amann pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2023

Doing Business As or d/b/a is akin to a Trade Name. So, you could be a NH, LLC d/b/a "Jack Sparrow Goods" or whatever name you have. If you're doing business in another state, there are several important things to consider such as registration in each state, taxes, consumer... View More

1 Answer | Asked in Business Formation and Tax Law for New Hampshire on
Q: I’ve started selling 20 years worth of saved up stuff on eBay. I’m starting to think I may hit the 20k threshold 4 1099

We have 5 kids and 20 years worth of all you can imagine from that and inherited items. We both work, I make over 100k. This thing I’ve been procrastinating to do is a ton of work but also fun and rewarding. I’m probably going to hit the 20k cash in threshold for PayPal to issue a 1099. I’ve... View More

Eric  Day
Eric Day
answered on Sep 19, 2020

The IRS has what’s considered a the hobby loss rules, which is essentially they will check to see whether you have entered into business with a profit motive. If you never make a profit and your intent is to tak the losses on your return, the IRS will consider what your doing a hobby and not an... View More

1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Small business question here, located in New Hampshire.

My partner and I are starting a rally company, an exotic auto enthusiast adventure. We came up with the name Apex Rally, and come up with a great logo. We fell in love with it and could really see the company coming to life in our minds. We just discovered a company in a different state (New York),... View More

Robyn T. Williams
Robyn T. Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 18, 2020

The answer to your question involves a bit more than name comparison. At least trade channels, zone of natural expansion, and use of the senior mark should also be considered. If you are starting a business, it is a good idea to engage an IP attorney to complete a clearance search for the name and... View More

Q: I would like to trade a phrase I guess it would be called

The phrase is ( The G.O.A.T.)

Sean Erin Serraguard
Sean Erin Serraguard
answered on Jun 7, 2019

Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on "Goat" and "G.O.A.T.", including marks which list only those words or acronyms respectively. Without doing a full search, it... View More

1 Answer | Asked in Business Formation for New Hampshire on
Q: Can a medical doctor create a corporation with a physical therapist in New Hampshire?
Israel Piedra
Israel Piedra
answered on Feb 22, 2017

The medical doctor may wish to check with a licensing board to see if it would violate any professional or ethical rules.

2 Answers | Asked in Business Formation for New Hampshire on
Q: I am trying to register my own company, make it e-verify, and extend OPT STEM. Does it need to be a Corporation or LLC?

Hello and happy New Year to you!

I am a graduated STEM international student and currently working under OPT status. My OPT time is up around mid-February and I need to extend my OPT. The company I am working for is an E-verify staffing company but unfortunately because of the upcoming OPT... View More

Elizabeth Wafula
Elizabeth Wafula
answered on Feb 16, 2016

Based on your question and facts, an LLC would seem better...however I strongly suggest you talk an attorney in the your state for the proper registration procedures...there are many things you may miss if you try to do it yourself all to your detriment. Always best to let a professional handle... View More

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