Forum Moderators: LifeinAsia

Message Too Old, No Replies

Legal structure if you own several websites but one company

Do you file a DBA for each site? Or not even necessary?

         

javahava

8:55 am on Jul 28, 2005 (gmt 0)

10+ Year Member



We have a main web business that is incorporated (an LLC). We also own several related websites that are not incorporated, but also make a little money through advertising (currently, all cash from the other sites goes to the account of the incorporated site). What's the right legal structure for something like this? I'd like the same liability protection for all the sites, without having to incorporate an entirely new business for each site. Do I file a doing-business-as certificate for each new site? Or is this even not necessary? This one is confusing for me as I don't really know where to start researching the options. Thanks!

Mardi_Gras

5:09 pm on Jul 28, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



>I don't really know where to start researching the options.

Probably a group of Webmasters is not the best place to get tax and legal advice. I would recommend a competent CPA or tax attorney.

Any opinions you get here (including my own) are worth exactly what you pay for them...you wouldn't want to be quoting them in tax court.

edgeportals

5:17 pm on Aug 27, 2005 (gmt 0)

10+ Year Member



While Mardi Gras is right for the majority, there are many of us who do run actual businesses out of this stuff.

DBA isn't necessary, however filing a trademark for each domain name will do exactly what you want. Check out the US Patent Office's website, they do federal trademarking as well (if you're in the US).

steakster

4:05 am on Aug 28, 2005 (gmt 0)

10+ Year Member



I just asked my lawyer the exact same question. His response was that if you have a corporation and wish to set up d/b/a's then each one needs to be filed under the umbrella of your corp. Example: Corporation A is doing business as Gumdrops Express. The Gumdrops Express d/b/a paperwork needs to be filed with the Secretary of State of your state. My lawyer charged me $300 for each d/b/a. I'm sure you can figure out how to do it cheaper with bypassing the lawyer. Once you file a d/b/a, then you can set up a separate bank account for each business - so that you don't co-mingle funds. The drawback back of all the d/b/a's under one roof is that your liability is now stretched among all the businesses. Meaning that if 2 of your businesses are profitable then they can be vulnerable if the 3rd business tanks and you get sued. By incorporating each business separately, they are standalone financial entities.

Mardi_Gras

2:42 pm on Aug 28, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



>>there are many of us who do run actual businesses out of this stuff.

Yes, and I am one of them.

When I need legal advice, I ask a legal expert, not a webmaster. I don't know too many succesful business owners who get their tax advice from webmasters.

Jane_Doe

2:33 pm on Sep 1, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



I don't really know where to start researching the options

My advice would be to buy several books on business structure and asset protection (the Nolo Press books are great), come up with a tentative plan for your sites and then run it by a state board certified lawyer who specializes in taxation issues.

There may be asset protection advantages to having multiple LLCs, but you have to weigh that against the costs associated with setting up and maintaining each LLC.

I would recommend a competent CPA or tax attorney.

I've had a lot of problems with incompetent tax attorneys. If I had to do things over I would have read several books on the subject before contacting a lawyer. Instead I read the books after I'd already shelled out a lot of money. If you read the books first it save time off off their hourly rate having to explain things to you and also helps you to identify the ones who know just enough to be dangerous but not enough to really protect your business.