Adding a fictitious name to an existing LLC in FL

Small Business 3 views 3 answers
I would like to add a fictitious name for my LLC, but I have a couple of concerns: I know the law mandates that I advertise my fictitious name in a newspaper prior to registering it. Can a free publication such as The Flyer count as a newspaper? "Real" newspaper ads were quite expensive last I checked. And how long must the ad run? (The pages on the FL Legislature website that spelled out these requirements have been removed.) Also, one FL government website I visited today seemed to suggest that using a fictitious name would negate the protection from personal liability that an LLC normally provides. Did I understand what I read correctly? Thank you!

Attorney Answers

3
Bryant Martin ·
Consult with the county clerk responsible for filing dbas as to which papers comply with the legal publication requirements. Many free newspapers do. Also the clerk will tell you about the number of weeks that the ad must run. Using the dba will not negate the protection of the LLC although it may give the plaintiff a (weak) argument that you should be personally liable: He will contend that because of the dba he did not realize that he was dealing with an LLC and so should be able to recover from you. If that worries you, you could include "LLC" in the fictitious name: Realco, LLC dba FictCo LLC. In some states you may not be able to use the LLC suffix on the dba unless the real company is an LLC.
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Marshall Deason ·
The information for filing a fictitious name notice is contained on the website for the Florida Department of State (www.sunbiz.org). Registering a fictitious name does not give the registrant any protection from personal liability, but if the registrant is an active LLC, registering a fictitious name does not take away the liability protection afforded by the LLC. If you have difficulty understanding the requirements for a fictitious name after visiting www.sunbiz.org, you should consult with an experienced business lawyer in your area about the registration.
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Curtis Lamar Harrington JrTax LawyerLong Beach, CA ·
1. consider usingthe usual newspaper for that, they are more likely familiar with the necessary duration. Ask them for a copy of the statute and read it before making the order. 2. If you use a DBA, you are somewhat eliminating the LLC. as an entity. In essence you are doing business for yourself and not presenting the LLC. Wouldn't every confidence man love to insulate themselves by simply filing an LLC and then using a DBA and never mention the LLC? The LLC is there to warn people of the limitation of liability, When you cut the LLC out of the transaction, why should it provide limited liability?
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