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Are my personal assets protected under a business set up as a DBA?
My main asset is my house and that's what I'm worried about. Is it protected from my business? Do I have to get incorporated to protect this?

Asked by TomPA
Posted: Monday, January 21, 2008  |  Found in Legal Issues


More answers by Nina Kaufman
Answer by Nina Kaufman
Your personal assets are NOT protected if you do business as a DBA. All the DBA certificate does is let people know who's behind the fictitious name that you created for your company. It does not provide you with any protection from the reach of creditors. You can only get that if you form a corporation, limited liability company, or other limited liability entity . . . AND maintain the annual records and formalities that the law requires of the entity. If you are concerned about protecting your home and personal assets (and if you're in business, you should be), speak to a business attorney.
Nina Kaufman has a New York City-based boutique law practice and is president of Wise Counsel Press LLC, which produces legal information products for entrepreneurs. She writes the Making It Legal blog and the Business Law Advisor column for WomenEntrepreneur.com.

Note: This response is for your general information only. Be sure to consult with an attorney regarding your particular situation to get the advice you need.



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