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Question added to topic Legal Basics For StartupsJanuary 21, 2008

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?
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 L. Kaufman, Esq. is an award-winning New York City attorney, edutainer and author. Under her Ask The Business Lawyer brand, she reaches thousands of entrepreneurs and small business owners with her legal services, professional speaking, information products, and LexAppeal weekly ezine. She also writes the Making It Legal blog.

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