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Dba ?

This is a discussion on Dba ? within the Business Talk forums, part of the Business Discussion category; What happens to the DBA when the owner dies? Does any one know?...

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Dba ? - 04-21-2009, 09:45 AM


What happens to the DBA when the owner dies? Does any one know?
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04-21-2009, 10:39 AM


A DBA is good for 10 years. After 10 years it becomes open to the first one to buy it. You can check with the state but I am very sure on this.
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Dba - 04-21-2009, 10:59 AM


A DBA does not establish ownership of a name or give the registrant any rights to use the name. It simply gives notice to the public that the registrant is conducting business under an assumed name. It is good for 10 years. If a person conducting business under an assumed name dies and someone else took over that business using the assumed name, that person would have to file another assumed name certificate.

The statute is here http://www.statutes.legis.state.tx.u...tm/BC.71.htm#A and you can find more information here http://www.sos.state.tx.us/corp/forms/503_boc.doc.
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04-21-2009, 11:05 AM


Can you file for a DBA over the net, or is it a courthouse thing only?

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04-21-2009, 11:45 AM


Just a note. A DBA is good for up to 10 years. 10 years is the maximum but you may select a shorter time period. At least that is what I learned from the Dallas County folks.
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04-21-2009, 11:52 AM


Quote:
Originally Posted by S-Man View Post
Can you file for a DBA over the net, or is it a courthouse thing only?
No, it has to be filed in person.
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04-21-2009, 11:57 AM


I think a DBA is good for 10 years.

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04-21-2009, 02:56 PM


I have a friend that died a few months back and I am thinking of buying his business so I trying to find out some information.
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04-21-2009, 04:15 PM


If the holder of a DBA dies during the active period of the the DBA, the subject DBA reverts to a DOA and is no longer a DBA.

as stated, a DBA does absolutely nothing to prohibit someone else from using your exact business name.
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04-22-2009, 02:49 PM


When my Dad died my Mom took over his business. She just went down to the courthouse and filed a form that they attached to his DBA naming her as the new business owner.

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04-28-2009, 10:03 PM


From my understanding. various people can work under the same business name by using a DBA. If you drive around I am sure you have seen the Joe's Garage in various parts of the city or county.

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04-29-2009, 09:31 AM


Quote:
Originally Posted by richflo1 View Post
From my understanding. various people can work under the same business name by using a DBA. If you drive around I am sure you have seen the Joe's Garage in various parts of the city or county.
The DBA (assumed name or doing business as) is only for one county in Texas. You should need one to open a bank account in a Texas county. This does not cover more than one county, although you may register in more than one county. A DBA does not keep someone from doing business under that name, it just gives you the right to own that name in your county. You have the legal statistic under that name and your bank. If you own “Joes Auto” your client can write checks to you under the business name instead of to you personally, and your bank will accept them. To be totally legal you need much more than a DBA. You can go to some past threads on TPF and find that information and more.
Wayne
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