Are You Using the Correct Name? The Importance of the DBA

As simple as it sounds, a critical component tolarge. In fact, A & B Investment (by itself, without
effectively maximizing the limited liability protection"Corporation") has become so common that Mr. Smith
afforded by your corporate entity is the use of thedecides to print "A & B Investment" on his
correct business name.business cards, corporate letterhead and other related
As businesses age, certain trade names ormaterials.
abbreviations become synonymous with the businessDespite Smith's actions, A & B Investment is not a
– sometimes to the point of supplanting the officialregistered DBA of A & B Investment Corporation.
corporate name on business cards, websites, logos,So, when Mr. Smith begins to transact business as "A
and other branded materials. However, unless trade& B Investment," rather than "A & B
names, abbreviations or variants of the corporateInvestment Corporation," he is in effect transacting
name are registered as Assumed Names (commonlybusiness as a sole proprietorship.
referred to as "DBAs") of your corporate entity withAs such, he has inadvertently made himself personally
the Minnesota Secretary of State, you could beliable for all of the debts of "A & B Investment." In
subjecting yourself to the personal liability you wereother words, if A & B Investment gets sued, it
originally attempting to avoid when you incorporated ormay not be able to claim that it is really A & B
organized your corporate entity.Investment Corporation, thereby subjecting Mr. Smith to
In Minnesota, proper names for corporations mustfull personal liability for any actions undertaken under
include "Corporation," "Incorporated," "Limited," or anythe abbreviated moniker
abbreviation thereof, such as "Corp.," "Inc.," or "Ltd."However, for a simple $25.00 filing with the Minnesota
Likewise, proper names for limited liability companiesSecretary of State and the publication of the
must include "Limited Liability Company," or "LLC."Assumed Name filing in a legal newspaper for two (2)
Professional firm names must include "Professionalconsecutive weeks, Mr. Smith could easily register "A
Corporation," "Professional Service Corporation,"& B Investment" as an Assumed Name, utilizing
"Service Corporation," "Professional Association,"the liability protection he already has in place.
"Chartered," "Limited," "Limited Liability Company," orA prudent business owner always uses the proper
"Professional Limited Liability Company," orcorporate name on all written materials – including
abbreviations such as "P.C.," "P.S.C.," "S.C.," "P.A.," etc.business cards, checks, letterhead, and marketing
For example, take fictitious A & B Investmentmaterials. And, if a certain trade name or abbreviation
Corporation – the official corporate name. Mr. Smith,has become synonymous with your business or is
its only director and officer, owns one hundred percentcommonly used, make certain to register the name as
(100%) of the company stock.a DBA – a minimal investment that is well worth the
The company is often referred to as A & Bcost.
Investment by its customers and the community at