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Thomas McJD
Thomas McJD, Attorney
Category: Business Law
Satisfied Customers: 6516
Experience:  Experienced in Corps, LLCs, Partnership, etc.
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Starting a new company and want to file a dba under my existing

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Starting a new company and want to file a dba under my existing corporation.....can I do this? The new company will be a sole proprietorship.
I need to know if a filed dba (as in filed with the county clerk, as required in Orange County, California) will suffice for banking.....already made a sale with the new company and have a check I need to deposit hopefully by merely adding the new company to the established corporation's bank account.
Or do I have to wait for the dba to publish before bringing to the bank??

Hello, I will be happy to assist you. After you receive your answer, please let me know if you need clarification. If not, your accept would be appreciated (and is necessary to compensate me as an expert, even if you are a monthly subscriber - although monthly subscribers will not be charged an additional fee).

 

A corporation can operate a d/b/a under its umbrella as long as it's not prohibited by the articles of incorporation or the bylaws of the corporation. The corporation, not you, would register the d/b/a, and the d/b/a would not be a sole proprietorship, it would simply be taxed as part of the corporation, since it is the corporation for all legal purposes. Thus, it will be taxed as a c-corporation or an s-corporation depending on how the corporation is taxed.

 

If you want to operate the d/b/a as a sole proprietorship, you would have to register the d/b/a in your name, individually and it would not be part of the corporation. In that case, you would not have the limited liability features of the corporation.

 

Since d/b/a must be registered in your state, I doubt the bank will allow you to make a deposit into the corporate account until you can show that the d/b/a is registered to the corporation.

 

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