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5 Replies Last post: Aug 10, 2008 6:57 PM by agelessxtra

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Where do I have to use the "LLC" designation?

Apr 19, 2008 11:28 AM

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keylaleigh 7 posts since
Apr 17, 2008

Hi everyone, I have been reading these forums for months, and have learned a lot, so thanks for all the valuable info! My sister and I are planning to open a small retail pet boutique in a very tourist-oriented part of WI (Door County, dubbed 'The Cape Cod of the Midwest). Anyway, we have our business and marketing plans in place, our logo designed, the location chosen, and are currently interviewing attorneys and accountants. Earlier this week we officially became an LLC. What I'm wondering is where exactly are we all required (or would we want to) actually show the "LLC" part, if anywhere. We have shown several people our new logo, and it seems that the average person is confused by the LLC designation, and thinks it somehow affects what our business does or who it is "open to." Should we include the LLC on our outside store signage, in-store signage, business cards, receipts? Is there even a general rule regarding this? Thanks for the help.

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LUCKIEST 7,933 posts since
Aug 6, 2007

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1. Re: Where do I have to use the "LLC" designation? Apr 19, 2008 2:11 PM

The "LLC" designation, Welcome to this web site.
*It is great that yo*u* *have been reading these forums for months, and have learned a lot.
It is awesome that you have your business and marketing plans in place.
On my option, the LLC is only a Business Structure by law and the IRS.
You DO NOT need to show the "LLC", BUT since you are interviewing attorneys and
accountants ask them
LUCKIEST

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Lighthouse24 2,396 posts since
Oct 10, 2007

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2. Re: Where do I have to use the "LLC" designation? Apr 20, 2008 2:05 AM

Like you, your business has a full "legal name" that must be used on contracts, tas returns, checks, financial documents, legal records, etc. And like you, your business has a shorter "trade name" that everyone knows it by, and that you may use on signs, a logo, in advertisements, and so on.

The Articles of Organization for an LLC normally designate all the trade names a company intends to use when conducting business -- so most likely, your articles listed at least two trade names, one with and one without the "LLC" designation. If not, you're probably still okay if the only difference between the legal and trade name (the name of your boutique) is the "LLC." If you want to be sure, however, your LLC can file an assumed name (dba) certificate with the county clerk in the county where the boutique is located and the trade name will be used.

Hope this helps. Best wishes, and welcome to the community.

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keylaleigh 7 posts since
Apr 17, 2008

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3. Re: Where do I have to use the "LLC" designation? Apr 20, 2008 8:06 AM

in response to: Lighthouse24

Thanks for the help!

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m.rick 9 posts since
Jun 10, 2008

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4. Re: Where do I have to use the "LLC" designation? Jun 10, 2008 6:02 PM

Ask the Attorney you are interviewing. Some states do require it be known to the public that they are dealing with a formal business structure. Also , make sure you discuss an Operating Agreement with the Attorney. Drafting a good O.A., can save you from many serious conflicts in the future.
Godd Luck!

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agelessxtra 1 posts since
Aug 10, 2008

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5. Re: Where do I have to use the "LLC" designation? Aug 10, 2008 6:57 PM

from what i understand it is critical to make it clear you are operating as an LLC or a corporation and NOT as a dba. for sure all documents must be signed as an LLC designation. piercing the corporate veil simply means proving you operated as a dba anytime after incorporation thus shifting liability back to you! If you want to use a trademark / servicemark w/o the LLC in the mark I would still state "xyz company LLC" directly under the mark and have it appear every time the mark is displayed including letterhead etc. lots of info on "piercing the corporate veil" is available online...good luck with all!

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