Trade Name - Sole Propietorship

Discussion in 'Growing and Managing a Business' started by JackDA, Jan 26, 2012.

  1. JackDA

    JackDA
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    I am a member of other forums in lots of different genres, and I know that it is generally seen as quite rude to ask a question as your first post, but here goes..!

    I registered as a sole-proprietor in North Carolina around a year as I teach English lessons online. I have a website for that, for example, www (dot) myteachingwebsite (dot) com. The business is registered in a different name to the website, let's say "my initials + services." I also want to get involved in Internet Marketing for the local area, basically helping businesses rank higher in Google, creating social networking accounts etc. The "name" of this website is www (dot) seonameofcity (dot) com.

    Firstly, is it possible to do business this way: to have two website names that are different to the business name that I registered? If so, do I need to document that it is under the business name of "my initials + services?" Or do I have to incorporate and put these two websites under this new LLC?

    I really appreciate any answers that I receive.
     
  2. JPM

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    I'm not certain if US law is the same as the UK, but if you were in the UK you would simply say "XXX is a trading name of Social Colleague Ltd"

    Sorry I couldn't help any more.
     
  3. JackDA

    JackDA
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    Does anyone else know if that would count for a Sole-Proprietorship in the US?
     
  4. JPM

    JPM
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    A sole proprietorship, also known as the sole trader or simply a proprietorship, is a type of business entity that is owned and run by one individual and in which there is no legal distinction between the owner and the business. The owner receives all profits (subject to taxation specific to the business) and has unlimited responsibility for all losses and debts. Every asset of the business is owned by the proprietor and all debts of the business are the proprietor's. This means that the owner has no less liability than if they were acting as an individual instead of as a business. It is a "sole" proprietorship in contrast with partnerships.
    A sole proprietor may use a trade name or business name other than his or her legal name. In many jurisdictions there are rules to enable the true owner of a business name to be ascertained. In the United States there is generally a requirement to file a doing business as statement with the local authorities.[1] In the United Kingdom the proprietor's name must be displayed on business stationery, in business emails and at business premises, and there are other requirements.[2]


    http://en.wikipedia.org/wiki/Sole_proprietorship

    Hopefully that helps..
     
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  5. ArcSine

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    Greetings, Jack; nice to chat with a fellow N Carolinian.

    There's certainly no problem with your conducting different businesses as a sole proprietor, with each business being conducted under a different name. You do not have to set up a corporation or an LLC for each activity. (The multiple-corporation / LLC arrangement is sometimes done for liability protection matters, but that's outside the point of your question.)

    As a sole proprietor, it's all you. You are the legal owner of Website 1, Website 2, ... Business Activity 1, Biz Activity 2, ... You can, of course, conduct various businesses under assumed or fictitious names (such as Jack The Teacher, Help-N-U-Learn, Total Tutoring, etc.), but as long as you're a sole proprietor, you are the legal owner of the businesses, as well as the legal obligor on any debts of these businesses.

    However, as JPM pointed out, it'd likely be worthwhile to investigate what disclosure requirements might apply. I'm not an attorney and can't give guidance on the matter, but it may be that you have to show a "DBA" disclosure in certain places (letterhead, invoices, e.g.), and/or register your DBAs with certain gov't agencies.

    Here's a bit from the SBA that might give you a jumping-off point to find out more.

    Best of success with the business(es)!
     
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  6. Drizzle54

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    The owner receives all profits (subject to taxation specific to the business) and has unlimited responsibility for all losses and debts. Every asset of the business is owned by the proprietor and all debts of the business are the proprietor's. This means that the owner has no less liability than if they were acting as an individual instead of as a business. It is a "sole" proprietorship in contrast with partnership.
     

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