If we own a rental property held as an LLC but we do a DBA with a different name, receive payments and sign contracts as the DBA, do we lose the protection benefits of the LLC?

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If we own a rental property held as an LLC but we do a DBA with a different name, receive payments and sign contracts as the DBA, do we lose the protection benefits of the LLC?

Asked on September 21, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF the LLC is doing business under a different name, and you sign contracts as members/officers of the LLC and all payments received are for the LLC d/b/a the other name, then you still have the LLC protection, since it's still the case that you're conducting business through the LLC.

If you sign the contracts not as members/offices of the LLC, but in your personal capacity and/or the payments come to you personally, not the LLC, then you lose the protection.

 


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