QUESTION

How to organize my SMLLC with multiple DBA?

Asked on Feb 24th, 2013 on Taxation - California
More details to this question:
I recently obtained an EIN number for my Sole Member LLC. I wish to start various DBAs under my SMLLC. Do I need to register my LLC in Texas, if I'm NOT doing business transactions under my LLC name. Or may I operate my registered DBAs in Texas and file taxes under my SMLLC?
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1 ANSWER

Business Law Attorney serving Sacramento, CA at Williams & Associates
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Whether you need to register your single member LLC in Texas depends on the activities you are conducting under the various fictitious business names. Most states, including Texas, require foreign entities that are transacting business to register with the Secretary of State as a foreign business entity. Also like most States, Texas does not specifically define what constitutes doing business or transacting business. That said, what constitutes doing business in Texas is nearly identical to what constitutes doing business in California and many other states. Section 9.251 of the Texas Business Organizations Code sets forth a list of actions that do not rise to the level of doing business and sets forth the actions a foreign entity may engage in without registering as a foreign entity. If any of the activities engaged in by your single member LLC are other than the ones specified in Section 9.251, a fictitious business name filing will not be sufficient to satisfy the requirement that your foreign entity register in Texas.
Answered on Feb 27th, 2013 at 6:33 AM

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