subsidiary

[pboychuk]

I have had this question answered in the past, I just wanted to make sure it is right.. In order to operate a company under my LLC which is a holding company, All I need to do is file a DBA w/ the county?

[BusinessAdviser]

What?

That's just confusing.

Let me try to get it straight:

You are running a business right now. You are also the owner of an LLC. You want the business you're running to be owned by the LLC.

Is that correct, for starters?

Describe what exactly what you mean by, "All I need to do is file a DBA w/ the county."

[pboychuk]

lol, that is what someone had told me, yes you are correct, I own an LLC, I want my LLC to own another business. How do i structure that business under the LLC.

[BusinessAdviser]

What all has been done with the business?

Have you filed any documents with the State? Or would you equate it to selling personal items on eBay?

[pboychuk]

I have not filled anything with the state, because I dont know what I need to file. Nothing has been done with the business yet, I am compulsive and have to do everything in order. It is going to be a website, ecommerce.

[pboychuk]

It will be wholesale and retail, new products..

[BusinessAdviser]

This is not legal advice, so take it merely for what it is:

First, just for future reference, a DBA is filed with your Secretary of State, not your County Clerk.

Second, if I were you, wanting to operate several businesses under the same LLC, I would file a DBA with your Secretary of State and operate your new business under that business name. Doing so will likely get you where you want to be.

However, understand that if you're operating a number of business under the same LLC, even with different business names (under different DBAs), the State will consider them all part of the same company. Thus, any liabilities incurred by one business will be collectable against any of the other businesses. The best way to protect against this, which I do with each of my businesses, is to pony up the extra $100 or so to create a new LLC. By doing so, not only are your personal assets protected to the extent permitted by law, but each of your LLCs will be protected more effectively from liabilities of your other LLCs.

Good luck.

[pboychuk]

I suppose I will just go the DBA route for now, and consider an LLC in the future.

Also, maybe the DBA thing is different in georgia:

"No. Pursuant to O.C.G.A. 10-1-490 trade names are registered with the Clerk of Superior Court of the county where the business is principally located. A trade name is also known as a “DBA” or “fictitious name.”"

or is that the wrong thing?

[BusinessAdviser]

If that's what the the law is in Georgia, then that's what the law is in Georgia.