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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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I have a company registered in one state named XYZ Group LLC.

Customer Question

I have a company registered in one state named XYZ Group LLC. I want to open an office in NY, and have just learned that there is a registered corporation named The XYZ Group, Inc. I can't find any information about this business anywhere other than it was filed by an individual 5 years ago. What is the likelihood that I can register as a foreign corporation and do business under my own name?
Submitted: 7 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Good morning.

Are your businesses in similar industries?
Customer: replied 7 years ago.
I can't find any information at all about this other business - nothing in Hoover's or anywhere in any online search, other than it was filed in 2004 by an individual at a residential address. I've done some digging and it seems he gives a few hundred dollars each year to various political candidates. Through that connection I've learned that he is the general manager for an unrelated ambulance service. His LinkedIn profile doesn't indicate any connection whatsoever to the businessname in question. Makes a little bit of sense now - my company is called Response Group LLC, we are in the direct mail/database marketing business. His registered corp. is called The Response Group, Inc.
Expert:  Dimitry K., Esq. replied 7 years ago.
The only listing I keep finding myself is the one in Texas.

So long as you are in separate industries (and your name has the LLC behind it), you are considered unique and separate entities. You should not have any problems using your real name in New York, especially if the company appears to be inactive and does not currently maintain any work in New York.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 1/7/2010 at 9:59 AM EST