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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 85870
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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We have an S corp in the state of Indiana and the DBA is a

Resolved Question:

We have an S corp in the state of Indiana and the DBA is a shoe store, my father is going back into podiatry practice approx 3 days a week within the store. We are keeping the same name but but our logo will have 3 divisions shoe store, orthotic lab, foot and ankle clinic. Do I need to amend our corporate papers to reflect these additions?
Submitted: 5 months ago.
Category: Business Law
Expert:  Richard replied 5 months ago.
Hi! My name is XXXXX XXXXX X look forward to helping you!

Can you clarify things a bit for me so I'm certain of the facts? So, you are not changing the corporate name in any way or using any additional DBA's....is that correct? And, are you trying to protect your corporate logo's as your intellectual property? Thanks.
Customer: replied 5 months ago.

The question is should we add DBA's for each class we have in the corporation. Right now there is just one DBA under the corporate umbrella and it is the shoe store name. We are not concerned about protecting the corporate logo, is was just using that to explain our business structure.

Expert:  Richard replied 5 months ago.
Thanks for your reply. I'm going to opt out as I don't have a complete handle on things. It seems your question involves more of an operational business decision rather than a legal decision because it seems you are asking whether or not you should operate under multiple names. Not until that decision has been made does it really become a legal decision. But, if your father is a podiatrist and is going to be operating a medical company within your store, you would want to operate that separately. Please do not respond to this email as it will only slow the process of another expert with a more specific expertise relating to your question picking it up! It's been my honor and pleasure to help you up to this point. Take care.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I am a different contributor looking forward to working with you for educational purposes only.

For protection purposes legally, it would not be a DBA under your current business for your father's medical practice. Your father should have a professional corporation or professional LLC to protect him and the remainder of the businesses as well from liability and a DBA does not do that for you.

Furthermore, with the shoe business and lab, your father is going to have to sit with a local attorney because of the new Stark Anti-Kickback laws which can prevent him from making referrals to the shoe store and lab and the attorney need to look at all three businesses and show your father how to separate the medical practice from the other businesses to prevent form getting hit with significant fines for violations of Stark (which is a complicated law that prevents doctors from self dealing with other businesses they own through their practice of medicine).




I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 5 months ago.

Thank you so much for your explanation, I had no idea there was an act out there like that! I am so glad I asked the question.

Expert:  Law Educator, Esq. replied 5 months ago.
You are welcome. Thank you for your reply. I urge you to have him set up a professional corporation or professional LLC, but you also need to have him sit with a local attorney to make sure he fully understands the provisions of Stark relative to all of your businesses so he can avoid being in violation.

Please do not forget to click on positive/excellent feedback as that is the only way experts get credit for time spent with you.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 85870
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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