Question 1)

Anyone know if fictitious only have to be different from registered names in your county? .... What if one registers company XYZ in New York... Then I open a company called XYZ in Los Angeles. Would there be any possible legal ramifications?


Question 2)

I want to go by 3 different business names (file 3 different fictitious names). When I open a business account at my bank, would I have to open 3 separate accounts... or could I just use all 3 names for 1 account?

The 3 business names will each run as the same business.... but different divisions within the business.

If they are subsidiaries (divisions) then they are not fictitious, you only need one bank account and your are fine with different names in different areas.

taxes can be a different story I am not sure the answer on exactly how to do that with the taxes

Question 1: Names can be registered on a county and/or a state level. You should contact your secretary of state’s division to see if the name has been taken in your state, as well as the appropriate county department for your county. The sec. of state division will be able to give you the appropriate telephone number for this.

There are no legal ramifications for having the same business name that exists in another state, or even another county in your state, IF the other businesses name is only registered for their county. That’s why there are so many ACME and AAA companies out there that are unrelated.

For example, a restaurant in a nearby county opened a restaurant called City Café roughly 10 years ago. About 5 years into business, another City Café opened its doors in its neighboring county, and the original guys could do nothing about it because they only registered in their county.

Regarding the federal trademark however, different rules apply. For example if your last name isn’t McDonald and you decide to open a fast food restaurant, you’ll probably hear from Ronald’s attorneys.

Additionally, these questions could also be answered by your secretary of state division, which I recommend contacting since we’re not attorneys.

Question 2: You definitely can just use one business checking account and specify on the paperwork additional DBA (assumed/fictitious) names to be able to accept payments and write checks with each respective name. This is very common. The main question to ask yourself is how do you want to your bookkeeping, because it may be easier to have separate accounts depending on the type of business you do. Many people use one bank account though and just keep good bookkeeping records to keep the businesses separate (and show which business is making money, costing money, etc.). This is also what's most important for tax purposes. The IRS does not even require you to use a checking account to do business, but they want good, accurate records.

Thanks for the much appreciated help! I think I'm going to try to stick to 1 fictitious name for bookkeping and tax purposes... less of a hassle.