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Hello Destemm, I see by your profile you're in Florida, if both LLCs were formed in Florida with the 'same exact wording' in the official business name, then yes that is most likely a problem.
If the LLCs have the same exact name, but were formed in different sates, then it's most likely alright..
Because your situation involves all the factors you named and other people besides your wife, you really should consult a Business Lawyer or Business Attorney in person, not just on the internet and you might even want to pay for advice or guidance on this issue, it's too important.
The trademark is another issue, there are agreements that can be made for leasing names, logos and trademarks, these agreement forms are somewhat standard and can be found on the web with a quick search.
Remember to make your accountant aware of these changes, all the businesses have to align with IRS parameters also.
Thank you for bringing this topic up, I deal with these issues yearly being with so many companies, and every situation has to be handled one at a time, because Laws and rules change from state to state and from entity type to entity type.
Albert, if you don't mind me asking. What do you mean by all the businesses have to align with IRS parameters?
My wife and I own an LLC and we do business as Principle Personnel Group. We do medical, dental and administrative staffing regionally in Florida.
I recently partnered with two gentleman in the dental industry to launch a national dental staffing company. It is a separate LLC. The LLC I own with my wife owns 50% of the new LLC. Each partner's LLC owns 25%.
They wanted to keep the name "principle personnel group" and the logo for the new business. Since it gives my 'brand' national recognition, I agreed. My business mentor is worried that there may be an issue with the two separate LLCs having the same name.
Are there any legal concerns here?