Official tax forms must be filed by a business organization under that organization’s legal name. An organization should also apply for credit, open bank accounts, enter into contractual agreements, and otherwise conduct business transactions using its legal name. 
The legal name of a business will vary depending upon the structure of the business organization. A legal name of a business is a separate concept from a doing business as (DBA) or a trade name. Lotzar Law Firm, P.C. can help you to determine the legal name of your organization and can help you to secure protection for that legal name so no one else may use it. To learn more, contact a Scottsdale Arizona business startup lawyer at Lotzar Law Firm, P.C. today for help.
What is the Legal Name of a Business?
The legal name of a business for a Sole Proprietorship is simply the name of the person who owns the business. A Sole Proprietor is the same legal entity as his company. A person named John Doe who runs a business has a business with the legal name of John Doe. This is true even if he calls his company John’s Pizzeria or selects another informal name for the company to operate under.
John, or any Sole Proprietor, could register a trade name or file a DBA but this is not legally required and it will not grant exclusive rights to the business name. A Sole Proprietor who wishes to secure exclusive use of a DBA name would need to file to register a trademark with the U.S. Patent and Trademark Office to secure state and federal protection of the logo, slogan or phrase.
The legal name of a Partnership is established in the written Partnership Agreement. If no name is specified within the Agreement, the legal trade name for a business structured as a General Partnership is generally the last names of the owners of the business. For Limited Partnerships, the name will be the name filed with the Arizona Secretary of State.
If a Limited Liability Company (LLC) or Corporation is formed, the LLC or Corporation will need to submit paperwork to the Arizona Corporation Commission as well as to the Internal Revenue Service. The LLC or Corporation must choose a name that is in compliance with Arizona naming standards. For example, the name of a Corporation must contain at least one of the following words or an abbreviation of that word:
- Company
- Corporation
- Limited
- Incorporated
LLCs and Limited Partnerships also have words or abbreviations that are required to be part of the legal name of a business to identify them as LLCs or Limited Partnerships.
The name registered for a Corporation or for an LLC must be original and no other Arizona Corporation, LLC, or Limited Partnership must have already registered under that particular name. The same name must be used when applying for a Federal Employer Identification Number as is used for the incorporation paperwork or forms submitted to create the LLC.
Lotzar Law Firm, P.C. can assist with all aspects of the legal name of a business: securing a trademark; filing to register a trade name; creating a Partnership Agreement; or filing forms to start an LLC or Corporation in Arizona. We can assist in identifying whether a desired name for your business is available and can help you to protect your chosen company name. Call today to schedule a consultation and learn more.
To learn more, please download our free I Reserve a Name For a New Arizona Business Entity here.
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