A recent client asked us about the pros and cons of registering fictitious name aka DBA in New York.
As a startup attorney, I know other small businesses must have the same question but none have time for leisure reading. Here’s a quick snippet to remember:
A DBA is not a legal entity, and has a very limited function. A DBA won’t protect your personal assets in a lawsuit; that’s a job best suited to LLCs, S-Corp, etc.
A DBA could be sued if your fictitious name is confused with another company’s, possibly violating that party’s Intellectual Property (IP) rights!
A DBA is not a business–it’s mission, vision, values, and people.
You can deduct the cost of legal fees and registration costs when tax time comes around.