Use of LLC At the End of Your Business Name
A person recently emailed me and asked:
"If I create an LLC, do I have to market my business name with the LLC at the end?"
While this site does not give legal advice, the my answer is a typical "lawyer" answer: it depends.
When you create "Your Business, LLC" that is your business' legal name.
Some companies don't put the "LLC" or "Inc." or "LLP" after every mention of their name--particularly on products.
An "LLC" or "Inc." makes for an ugly trademark.
Here are a couple of places you absolutely must use your full corporate name (i.e. with LLC or Limited Liability Company at the end):
- On all contracts (this includes purchase orders, sales contracts, etc.)
- Employment contracts
- Joint venture agreements
- Deeds
- Other recorded instruments involving real property (e.g. liens)
- Leases
- Sales of real property
- Registrations of copyrights, trademarks and patents
If your business has a trade name, something that it is known for other than your formal LLC name that you registered with the state, you can file a DBA. DBA stands for "Doing Business As".
Suppose you have been operating a sole proprietorship (i.e. not incorporated) for years as a contractor. Your company was known as "John R. Smith Contractors". Now, you've decided to form an LLC and, decided to give your new LLC the ambitious name of "International Contractors, LLC".
However, many of your old customers remember you as John R. Smith Contractors. Your truck has John R. Smith Contractors stenciled on it, and your contracts are pre-printed with John R. Smith Contractors, and you don't want to throw them out.
What you can do is register John R. Smith Contractors as a Doing Business As name of International Contractors, LLC.
