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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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Hi, I dont believe I have my businesses set up properly and

Resolved Question:

Hi,
I don't believe I have my businesses set up properly and would like your advice. Right now I have ABC Assoc. Inc. and Chester Valley Shell is a trading name. We just started a towing business and opened a separate LLC. I would like to change the towing to a trade name under ABC Assoc. Inc and only have one set of books and payroll. What is then correct way to set up these businesses.
Thank-you
Tracy
Submitted: 5 years ago.
Category: Business Law
Expert:  kattorney replied 5 years ago.

Kathie Russell :

Hi and thanks for your question. The proper way to do that would be first to dissolve the LLC. You can do that with this form http://www.state.nj.us/treasury/revenue/dcr/pdforms/l109_42.pdf or you can do the filing online here: https://www1.state.nj.us/TYTR_BusEnd/JSP/Page1.jsp

Kathie Russell :

You must get a tax clearance certificate from the DOR first, to make sure your LLC is current on taxes.

Kathie Russell :

Then, you need to file a d/b/a, or assumed name certificate, for the towing company. This is the same form you should have used to register Chester Valley Shell as a trading name for your corporation.

Kathie Russell :

After a business entity has been established or receives authorization to do business in New Jersey, it may legally do business under an alternate name once the alternate name is XXXXX XXXXX applies to profit and non-profit corporations, limited liability companies and limited partnerships. The selection of the alternate name is XXXXX XXXXX to name availability requirements as those for the business entity name. Although the registration of the alternate name will not provide exclusive rights to its usage, it will legally link the name to the corporate entity and enable the business to use the alternate name for financial, advertising and other business purposes. The fee is $50.00 per transaction. The registration of the alternate name will be effective for five years and may be renewed for five-year periods. Form C-150G is available to register an alternate name for all entity types.

Kathie Russell :

I hope this has been helpful. Please let me know if you need any additional information.

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