Corporation and DBA names, CA Franchise Tax Board issue, for newly formed company in Delaware.

Q: Is a non-disclosure agreement binding if one one side has signed and the business relationship is never entered into?

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Q: Are verbal agreements binding in California?

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Q: What is the penalty for operating a business without a license?

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Q: What can i do if a verbal contract between me and a company is not full-fill?

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Q: Can I run multiple businesses under one business entity?

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Q: How do I convert a sole proprietorship to a LLC?

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Anonymous May 6, 2015 Small Business 2 views 2 answers

I formed a S Corporation in CA in 2009 under the name [X]. We had some serious financial troubles and the Franchise Tax Board suspended the S-Corp status of [X] a couple of years ago because of tax issues. last year I started a new C corp with a different name [Y] it's incorporated in Delaware and I'd like to file a DBA using the old S-Corp name [X]. 1)Can I use the name [X] for my DBA in Delaware? and 2) Can I run my new C-Corp [Y] in California and file a DBA as [X] here in the state?

Attorney Answers

Michael Doland

Michael Doland · Jun 15, 2026

Unless taken by another, you can use the fictitious business name in both Delaware and California. You may be opening yourself to allegations of "successor liability" from prior customers or creditors, but that would be very fact specific and beyond the general analysis of .

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Edna Straus

Edna Straus · Jun 15, 2026

Mr. Doland us correct, but be careful of the FTB.

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