another dba ?

[carrbowl]

Whats the point of filing a DBA...just to show you are in business and not some fly by night business...
"A DBA is a public announcement-it does not reserve a name and others my eventually use the same name" and you have to do this in person...that stinks...wonder why??

[AndrewCCM]

For one, it let's you open accounts (banks, etc) under that name.

[Steelsun]

As an example: I used to work for a company who's official incorporated name (with the Texas Secretary of State) was something like Gulfcoast Security and Consulting Services Inc.
They filed a DBA in Harris County for "Paladin International" and that is the name we operated under.
But there were at least 3 other Paladin Internationals in Texas, and many more throughout the US.
Weird.

[LoungeLizard]

DBAs are county based. You can register your DBA in any county that you want to do business in. The County Clerk will do a search before accepting it and will not allow anyone else (in that county) to use one that's already registered.

[CobyPhoto]

The reason a DBA is important is so no one else will LEGALLY have a claim to your name. It is a form of protection. If you have a business named JOB BLOW PHOTO and do not have a DBA, and I file the DBA for JOE BLOW PHOTO, I legally and officially own your name, not you. You can no longer find a bank that will accept checks made out to that name as I legally own it and a bank will not open an account for you under that name.

The reason you have to do it in person is so they can verify ID and make sure it is you filing the name, as it would be you opening the bank account. Make sense? It is merely a form of protection for you and the bank.

CJ

[Steelsun]

A trick I learned as an investigator:

File a DBA as a name that sounds like a person, i.e "Andrew (or whatever your first name is) Smith" - if the clerk asks, say you are opening a smith/blacksmith shop.

Then later use that DBA to open another DBA - i.e Andrew Smith dba AS Photos.

Then later use that DBA to open another another DBA: AS Photos dba Special Photos by Andrew.

Anyone that later tries to trace ownership for malicious or lawsuit purposes will usually think someone names Andrew Smith is the owner and try to find him.

[canoflan]

Originally Posted by Steelsun

A trick I learned as an investigator:

File a DBA as a name that sounds like a person, i.e "Andrew (or whatever your first name is) Smith" - if the clerk asks, say you are opening a smith/blacksmith shop.

Then later use that DBA to open another DBA - i.e Andrew Smith dba AS Photos.

Then later use that DBA to open another another DBA: AS Photos dba Special Photos by Andrew.

Anyone that later tries to trace ownership for malicious or lawsuit purposes will usually think someone names Andrew Smith is the owner and try to find him.

Sounds like the same principle followed by those with radar detectors in sports cars. How about simply driving the speed limit (following the same analogy)?

Pat

[carrbowl]

This is why I asked. http://www.houstontx.gov/onestop/onestop1.pdf According to this, even if you file, someone else can use the same name...to me, that kind of defeats the purpose of filing...????

[12stones]

Originally Posted by carrbowl

This is why I asked. http://www.houstontx.gov/onestop/onestop1.pdf According to this, even if you file, someone else can use the same name...to me, that kind of defeats the purpose of filing...????

From what I understand, someone else can use the same name, just not in the same counties you're registered in. Like Jesus said, it's a county thing. So, you'll have to file in Harris, Fort Bend, Montgomery, etc. if you don't want someone else to have the same name too close (proximity) to your business. Also, it's the law to file one if you're going to have a business that's called something other than your actual name. Period. And finally, as Coby said, banks will not open a business account for you if you don't have proof of a DBA. So, it doesn't defeat the purpose, even if it seems like it.

[ilove2eatcake]

Just file it. It's really easy and cheap. I had a horrible falling out with a photographer I used to shoot with. When she found out I had decided to start my own business, she filed a DBA under my business name.

[Howard Barlow]

Originally Posted by 12stones

...And finally, as Coby said, banks will not open a business account for you if you don't have proof of a DBA.

Not exactly. Bank of America will open a business account without a DBA, as long as your last name is in the name of the business, and you are operating as a sole proprietor. In fact, as long as your last name is in the name of the business, you do not need to provide a tax permit, either. All of this is according to state law, as well.

That said, as far as I know, other banks do require such items be presented. I had to do so for an account at Hibernia, before it became Cap One. However, BA, I just walked in and opened the account with my DL. You can see BA's requirements here.

[12stones]

Originally Posted by Howard Barlow

Not exactly. Bank of America will open a business account without a DBA, as long as your last name is in the name of the business, and you are operating as a sole proprietor. In fact, as long as your last name is in the name of the business, you do not need to provide a tax permit, either. All of this is according to state law, as well.

That said, as far as I know, other banks do require such items be presented. I had to do so for an account at Hibernia, before it became Cap One. However, BA, I just walked in and opened the account with my DL. You can see BA's requirements here.

Thanks for the clarification.

[Steelsun]

Originally Posted by canoflan

Sounds like the same principle followed by those with radar detectors in sports cars. How about simply driving the speed limit (following the same analogy)?

Pat

Not really: I was formerly an investigator that dealt with alot of touchy cases (divorces, cheaters, child custody, drug dealers, even some organized "family" cases), where I had the "bad guys" try to find me quite a few times. This was protection. We still had frivolous lawsuits sent our way (be in biz long enough and one shall come), and these helped deflect and fight them.

Also this tactic is usable by single women trying to protect their identity from stalkers.

[figment]

so its not an illegal tactic?

[Steelsun]

Nope, I've done it and seen it done several times.

I did hear about 7-8 years ago that Harris County was going to stop allowing DBAs to be filed on other DBAs, but then I saw it done about 4 years ago still.