The simplest and most typical sort of business structure is a sole proprietorship. It is owned and run by a single individual who is accountable for all business-related matters, including debts and liabilities. This means that if the company is sued or unable to pay its debts, the owner’s personal assets could be at danger.
A sole proprietorship has the benefit of being simple and affordable to set up. Neither registration fees nor official legal documentation are necessary. But sole proprietors are still needed to acquire any business-related licenses and permits.
Doing business as, also referred to as a “trade name” or “fictitious name,” is abbreviated as “DBA.” A DBA is a legal word that describes a business’s operating name, which differs from its official name. If John Smith, for instance, owns a sole proprietorship called “John Smith Enterprises,” but wishes to conduct business as “Smith Consulting,” he would need to submit a DBA.
When a company wants to use a name different than its legal name on official documents like contracts, cheques, and invoices, a DBA is often necessary. In the majority of states, including North Carolina, if the business owner is using a name other than their own name, a DBA registration is necessary.
LLC Compared to a sole proprietorship, a limited liability company (LLC) is a more intricate legal form that has various benefits. Since an LLC is a separate legal entity from its owners, the owners’ private assets are typically shielded from the obligations and liabilities of the business.
An LLC has the benefit of providing more management and ownership freedom. It can be held by a single person or a group of individuals, and the owners can decide whether to run it themselves or employ a manager with managerial experience.
An LLC also offers tax flexibility, which is a benefit. For tax purposes, LLCs are typically regarded as pass-through entities, which means that the company’s revenues and losses are transferred to the owners’ individual tax returns.
The decision between an LLC and a sole proprietorship will depend on the demands and objectives of your particular firm. A single proprietorship can be the best option if you’re just starting out and want a straightforward and affordable legal framework. An LLC, however, can be a preferable option if you desire additional security for your private assets and flexibility in terms of ownership and control.
If you are a sole proprietor in North Carolina and want to use a name other than your own name, you must register a DBA. The Secretary of State’s office must receive your trade name registration, which is a straightforward procedure. If you are conducting business under your own name, a DBA is not necessary.