Talk:Doing business as
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Doing Business As, or DBA, is a standard abbreviation for the most common, basic form of business organization in California and several other U.S States. For example, John Smith DBA Main Street Plumbers. In England, the phrase Trading As is used.
When various states adopted laws regulating DBA's or Fictitious Business Names (the same thing) in the 1880s; consumer protection was the motivation. A "fictitious" names give no obvious indication of who was legally responsible for the business. Modernly, most jurisdictions require businesses operating with fictitious names to file a DBA statement. This also reduces the possibility of two local businesses operating under the same name. While a DBA is not a trademark, recording one does give the first recorder some rights, since first in time is first in right with respect oto most intellectual property.
In California, DBAs or FBNs are regulated by California Business & Professions Code Section 17900. Section 17819 gives the registrant the right to use the name as soon as it is recorded. However, the name must also be published once a week for four (4) weeks in a newspaper of general circulation, or the County Recorder will delete it from the system. The reason, again is consumer protection. Individuals, Corporations and Limited Liability Companies (LLCs), may file DBAs. Due to a legislative oversight in the California Banking Code, LLCs must file DBAs or they may not open a bank account.
Did someone think they were editing the article? Joelvanatta 05:11, 8 November 2006 (UTC)