Is my existing LLC protected if I run a partnership as a DBA under it?
Does a DBA have any legal rights to the parent company LLC?
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A DBA (Doing Business As) is generally just a name the LLC uses to operate and doesn't have separate legal rights from the parent LLC itself. Since a DBA isn't a separate legal entity, your existing LLC would typically retain all its rights and liabilities. However, introducing a 50/50 partnership to the operations under that DBA name could complicate things and expose your original LLC to risks, especially regarding liability and management authority. It sounds like you might be looking for the liability protection of a separate entity for that new partnership (Uniform Partnership Act (UPA)).
You mentioned that the new LLC partnership listed as a DBA is for your state licensing purposes. State laws on professional licensing and business structures vary a lot and will affect the best way to set this up.
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Does a DBA have any legal rights to the parent company LLC?
I understand that you're seeking clarity on the legal rights of a DBA in relation to an LLC. Are you currently operating a DBA under an LLC?
I have an active LLC and I want to start a new LLC partnership listed as a DBA under my current LLC for my state licensing purposes. I own 100% of my LLC but the new DBA will be 50/50 split. I just want to confirm my parent LLC will be safe.
Are you looking for information regarding specific rights or responsibilities related to this relationship?
I don't know.
Hello! My name is TJ and I’m an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared and I’ll post my initial response shortly.
Thanks.
A DBA (Doing Business As) is generally just a name the LLC uses to operate and doesn't have separate legal rights from the parent LLC itself. Since a DBA isn't a separate legal entity, your existing LLC would typically retain all its rights and liabilities. However, introducing a 50/50 partnership to the operations under that DBA name could complicate things and expose your original LLC to risks, especially regarding liability and management authority. It sounds like you might be looking for the liability protection of a separate entity for that new partnership (Uniform Partnership Act (UPA)).
You mentioned that the new LLC partnership listed as a DBA is for your state licensing purposes. State laws on professional licensing and business structures vary a lot and will affect the best way to set this up.
TJ, Esq.
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