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#157326 - 07/21/07 04:40 PM Regarding DBA's
Prodigy Offline
Veteran Member

Registered: 11/15/05
Posts: 724
Loc: Riverside County, California
I was wondering, from a broker's viewpoint, what is the cost, the risk, and the hassle of registering a DBA? My broker, Home Quest Mortgage, just shut their doors and I am not looking to brand a new company. I've lost over $1,000.00 dollars in marketing material that had my old broker's name/logo. I am starting with a new company on Tuesday that makes a habit of registering DBA's, I guess what you would call a "rent a broker", and I want to brand myself and my company. How would I go about doing this? I have already found a name that I like that is not registered in my county, but the company I am going to work for is in another county, is that an issue? Any information is greatly appreciated.
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Adam Clarke
Commercial and Residential Lending Specialist
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#157329 - 07/21/07 04:53 PM Re: Regarding DBA's [Re: Prodigy]
Chris Offline
Member

Registered: 04/09/07
Posts: 210
Loc: CA
you may need to register your chosen DBA in both counties;

if Home Quest Mortgage had a good reputation before it closed, see if you can buy the rights to the name from the owner

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#157332 - 07/21/07 05:06 PM Re: Regarding DBA's [Re: Chris]
Prodigy Offline
Veteran Member

Registered: 11/15/05
Posts: 724
Loc: Riverside County, California
They filed the DBA under the broker's step dad's license. Beside the company is in huge debt.

I figured out how to register the name, but is there additional cost, risk, or hassle for the broker? Just curious.
_________________________
Adam Clarke
Commercial and Residential Lending Specialist
access commercial finance
Direct: (951) 318-1162
Small Business Success

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#157534 - 07/22/07 10:48 PM Re: Regarding DBA's [Re: Prodigy]
Ms Gulf Coast Offline
Member

Registered: 08/14/05
Posts: 292
Loc: Mississippi Gulf Coast
I don't know about your state. It only cost me $50.00 to register an LLC through the state SOS. Then it costs $75.00 to get it approved my our real estate commission. Hope that helps
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The Truth will set you free...

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#157555 - 07/23/07 01:21 AM Re: Regarding DBA's [Re: Ms Gulf Coast]
Prodigy Offline
Veteran Member

Registered: 11/15/05
Posts: 724
Loc: Riverside County, California
Thanks, is there a benefit to an LLC over a DBA?
_________________________
Adam Clarke
Commercial and Residential Lending Specialist
access commercial finance
Direct: (951) 318-1162
Small Business Success

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#157556 - 07/23/07 01:26 AM Re: Regarding DBA's [Re: Prodigy]
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Definately the LLC or an S-Corp instead a sole prop DBA.

 Originally Posted By: Prodigy
Thanks, is there a benefit to an LLC over a DBA?
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Paul Oaks
Oaks Real Estate Group

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#158031 - 07/25/07 08:16 AM Re: Regarding DBA's [Re: Paul Oaks]
drm7 Offline
Member

Registered: 04/03/07
Posts: 108
Loc: VA
I've heard that if you set up a corp and don't run it like a corp, holding annual meetings, taking minutes, etc that you still risk being sued as an individual and the courts will uphold this. I don't know for sure if this is true but I'd check with your lawyer to make sure you follow the corp rules to maintain your asset protection.

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#158048 - 07/25/07 10:26 AM Re: Regarding DBA's [Re: drm7]
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Why would you go to all the trouble to setup your corp and then not follow the simple rules.

That annual meeting can be anywhere in the world and makes a great vacation idea that is totally deductible.

 Originally Posted By: drm7
I've heard that if you set up a corp and don't run it like a corp, holding annual meetings, taking minutes, etc that you still risk being sued as an individual and the courts will uphold this. I don't know for sure if this is true but I'd check with your lawyer to make sure you follow the corp rules to maintain your asset protection.
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Paul Oaks
Oaks Real Estate Group

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#158058 - 07/25/07 11:04 AM Re: Regarding DBA's [Re: Paul Oaks]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8473
Loc: georgia
There are different layers of assett protection,nothing is absolute.

If you didn't do the minutes,meetings then you were negligent and PIERCED the protection from the corporate veil.

As with anything there are rules and regs to be followed.If you follow them it does add extra protection.

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#158109 - 07/25/07 02:50 PM Re: Regarding DBA's [Re: super realtor]
Prodigy Offline
Veteran Member

Registered: 11/15/05
Posts: 724
Loc: Riverside County, California
I have a lawyer that will take care of all that stuff for me. I don't want a corp right now anyway. I will set up a sole proprietorship and a fictitious business name.

The good news is though, I met with the sales manager and he said that would be fine. I am really excited that I never have to worry about changing my marketing stuff again!
_________________________
Adam Clarke
Commercial and Residential Lending Specialist
access commercial finance
Direct: (951) 318-1162
Small Business Success

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#158137 - 07/25/07 03:46 PM Re: Regarding DBA's [Re: Prodigy]
Paul Oaks Offline
Major Contributor

Registered: 06/23/04
Posts: 3370
Loc: Central Illinois
Adam,
From a liability standpoint you would be better served by either an LLC or an S-Corp abd I bet your attorney would agree with my opinion.

 Originally Posted By: Prodigy
I have a lawyer that will take care of all that stuff for me. I don't want a corp right now anyway. I will set up a sole proprietorship and a fictitious business name.

The good news is though, I met with the sales manager and he said that would be fine. I am really excited that I never have to worry about changing my marketing stuff again!
_________________________
Paul Oaks
Oaks Real Estate Group

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#158145 - 07/25/07 04:14 PM Re: Regarding DBA's [Re: Paul Oaks]
Prodigy Offline
Veteran Member

Registered: 11/15/05
Posts: 724
Loc: Riverside County, California
Absolutely, but I am going to be part time. I am planning to go back to school. I don't think I really make enough to warrant an s-corp or an llc.
_________________________
Adam Clarke
Commercial and Residential Lending Specialist
access commercial finance
Direct: (951) 318-1162
Small Business Success

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#158315 - 07/26/07 09:50 AM Re: Regarding DBA's [Re: Prodigy]
drm7 Offline
Member

Registered: 04/03/07
Posts: 108
Loc: VA
What are you going to study in school? Do you plan to continue LO when you get done? I think you can set up an s-corp for next to nothing. I would seriously look into it. JMO. \:\)

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#158319 - 07/26/07 09:58 AM Re: Regarding DBA's [Re: drm7]
super realtor Offline
Major Contributor

Registered: 05/01/05
Posts: 8473
Loc: georgia
Well if you want to be a sole proprietor and have ALL your personal as well as business assetts at risk then go ahead.

In my state it cost only 100.00 dollars to file an llc,this is of course if you do it yourself online or by mail.There are different types of llc's with some involving more paperwork than others.Since you are not going to have employees then you probably just need to fill out the basic articles of incorporation and transmittal information.

no legal advice

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