Speaking Of Business Names....

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  • melilley
    Daycare.com Member
    • Oct 2012
    • 5155

    Speaking Of Business Names....

    Does anyone know if it's legal to have a business name that you can put on your website and business cards/fliesr if you are not a LLC or a Corporation? I am a home daycare and am a sole proprietor, but I would like to have a name. If you can, how do you go about getting one? Do you have to register with the state or anything? I don't want the parents to have to write checks in a business name or anything, I just want a name.
  • mamac
    Tantrum Negotiator
    • Jan 2013
    • 772

    #2
    As far as I'm aware, you don't have to become an llc or dba to have a business name, but if someone else registers that name they can insist that you stop using it.

    I am going though the same thing right now. I have a name picked out but I haven't decided on what I want to do as far as registering it. I do want to have a separate bank account and EIN under my business name so everything is separate. A lawyer recommended that I keep my business for a year to see what will work out better for me. (DBA or LLC) I would just hate to lose the name as no one in my state has it yet. Also, from what I understand, I can register my business name with my city but it is only good my city. Someone in the next city over could take that name and register it there. I think the only way to keep it to myself is to incorporate which is pretty costly and too much paperwork for a daycare.

    I would check with your city clerk's office and see if they can give you any info specific to your city.

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    • Starburst
      Provider in Training
      • Jan 2013
      • 1522

      #3
      As long as you are licensed you can register a business name- I think the only require ment is that you have to have the words 'Child Care' or 'Daycare' in your name title. For the IRS (tax perposes) you would probably have to file a DBA ('Doing Business As') it's a form and you may have to pay a small fee. It could differ depending on state and you would be required to have an EIN instead of using you SNN (I think it's free and you don't want all your daycare parents to have your SNN anyway). Below is where she talks more about it.

      Some information (go to about 19:30 minutes into it thats where she starts to talk about it):

      Comment

      • melilley
        Daycare.com Member
        • Oct 2012
        • 5155

        #4
        Originally posted by Starburst
        As long as you are licensed you can register a business name- I think the only require ment is that you have to have the words 'Child Care' or 'Daycare' in your name title. For the IRS (tax perposes) you would probably have to file a DBA ('Doing Business As') it's a form and you may have to pay a small fee. It could differ depending on state and you would be required to have an EIN instead of using you SNN (I think it's free and you don't want all your daycare parents to have your SNN anyway). Below is where she talks more about it.

        Some information (go to about 19:30 minutes into it thats where she starts to talk about it):
        http://www.startapreschool.com/training/business.html
        Thanks I have an EIN, but wasn't sure if I could put a name on promotional materials if I didn't register it and I don't want to do a DBA because I'm not really "officially" naming the daycare per say. (I think that makes sense?...) Thank you for the info.!

        Comment

        • Meeko
          Advanced Daycare.com Member
          • Mar 2011
          • 4350

          #5
          I had to be a registered entity with the state in order to get my city business license and I had to have a city business license before I could get my daycare license!

          My business name is now mine only. Nobody else can open up a business with the same name or even one very similar.

          Comment

          • mamac
            Tantrum Negotiator
            • Jan 2013
            • 772

            #6
            Originally posted by Meeko
            I had to be a registered entity with the state in order to get my city business license and I had to have a city business license before I could get my daycare license!

            My business name is now mine only. Nobody else can open up a business with the same name or even one very similar.
            Are you registered with the state as an LLC, DBA or ?? I'm asking because I really want to register my name to keep it but I'm a bit confused as to how to do that.

            When I called my Secretary of State I found out that it doesn't take very much to be considered "different" when naming your business. For example, there is a "BUSY BEE'S LEARNING CENTER, INC.", a " BUSY BEES PRE-SCHOOL, LLC" and a "BUSY BEES PRESCHOOL CENTER, INC."

            Three completely different business offering the same thing but with slightly different names. I was always under the impression that you couldn't have a name even slightly similar to another business that did the same work you did so that customers would not get confused. And then there's the whole story of my city clerk telling me that someone in a neighboring city can have the exact same name as me. :confused::confused:
            Last edited by mamac; 02-20-2013, 10:09 PM. Reason: typo

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