Name change and file status

Discussion in 'Business Operations' started by illday, Nov 21, 2004.

  1. illday

    illday LawnSite Member
    Messages: 89

    I have a small business in which I use "my name" landscaping as the name
    for the business. I actually want to change the name of the business to something that advertises a concentration in shrubtrimming in the title.

    My question is: I file as a sole prop.
    would I have to change that if my name
    wasn't in the title.
    Is it difficult to change the name of the business.( do I need to file any
    paperwork to do this)
  2. Gilla Gorilla

    Gilla Gorilla LawnSite Senior Member
    Messages: 923

    With your "personal name" not being in the new business name you will most likely have to go to your local court house and file for a ficticious name and take that certificate to your city hall to get your new name. That is the experience that I had when I started with my ficticious name.

    Have fun with it.
  3. illday

    illday LawnSite Member
    Messages: 89

    thanks, i was told to set up a "doing business as" dba account and to incorporate.
    Does this sound rite.
  4. tonygreek

    tonygreek LawnSite Gold Member
    Messages: 3,908

    if you want to stay a sole proprietor, then you wouldn't incorporate.
    a dba is the same as a ficticious name, and that seems to be what you want.
  5. illday

    illday LawnSite Member
    Messages: 89

    can i stay a sole prop. and have a ficticious name for the company

    HOOLIE LawnSite Gold Member
    Messages: 3,981

    Sole Proprietor is a legal form of a business. It doesn't matter whether you use you real name in the business name or not. I would imagine to change the name you'd just have to go back to the county clerk and re-file the new business name. I'm sure you'll have to pay another fee to do so.

    One of the reasons the government wants you to register the business name is for consumer protection. If a customer ever wanted to take you to court, they can't just sue "The Lawn Man". They need to check with the county and find out who the person(s) that own "The Lawn Man" are and sue them.

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