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kattorney
kattorney, Attorney
Category: Business Law
Satisfied Customers: 1169
Experience:  16 years experience with a concentration in business, corporate and contracts law
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To import consumer electronics from china and distribute them

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To import consumer electronics from china and distribute them to a retailer am I required to fill out a DBA partnership or will a general free partnership from suffice?

Kathie Russell :

A general partnership is fine for your business entity, however, be aware that this does not provide you any liability protection.

Kathie Russell :

That means that any lawsuit against the partnership could recover from your personal assets.

Kathie Russell :

If you wish to have a liability shield, you would need to set up an S corporation or an LLC.

Kathie Russell :

A dba is simply an "assumed name certificate." This is a form that is filed in the county where you operate, that gives public notice of the name you are operating under. It does not change your general partnership status.

Kathie Russell :

The reason for this filing is that if someone needs to serve something to "ABC Partnership," it lets them know how they can do so.

Kathie Russell :

What state and county are you in?

Customer: Mass
Customer: So it's a waste of money to fill out a DBA with legal zoom
Kathie Russell :

Sorry, I see you are in Mass, what county? The dba form should be filled out regardless of your partnershi status. However, for a partnership, You do not have to file anything with the MA secretary of state.

Kathie Russell :

Yes, that is a total waste of money

Kathie Russell :

I will send you the form you need, and you can file it in your county. The filing fee is very inexpensive.

Customer: Suffolk county
Customer: Legal zoom was going to charge me $130
Kathie Russell :

Many things on legal zoom are unnecessary expenses

Kathie Russell :

Just give me a few minutes to find that form for you

Customer: And said I need to do a DBA in mass not just a general partneeship
Kathie Russell :

Again, a DBA is simply a certificate of a fictitous name you are using, that puts the public on notice of the owner of that name. A dba can be filed by an individual, partnership, corporation or LLC. It has no affect on the type of entity. That is misinformation. A partnership should file a dba, as should any person or any company that is doing business under a name other than their own name.

Customer: Ok great thank you. I really appreciate your help. Hopefully I can do that online not through legal zoom
Customer: I will give excellent feedback
Kathie Russell :

No problem. It appears that Suffolk County does not have regional county government - what city, town or municipality are you in?

Kathie Russell :

I apologize, I will need the name of the town. Suffolk County does not provide this function at the county level. Thanks.

Kathie Russell :

Here is the form that is used in the town of Brookline, MA. You can modify it and just replace Brookline with the name of your town. It gets filed at the town clerk's office. The fees range from $15 - $50 depending upon the municipality.

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