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Old 08-16-2013, 04:59 PM   #27
Wolfeboro_Baja
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Originally Posted by joey2665 View Post
Just because the name on the sign isnt registered with NH doesnt mean the business isnt registered. Many times when the state will not issue a name similar to another business they use a different name to incorporate such as ABC Corp and then use a dba for the name of the business to operate under. Perfectly legal, its done all the time. This is why you do not see the name on the sign in the state registry even though it is probably registerd. Also in order to collect NH food tax and issue payroll to employees in NH you must be registered.
It's not perfectly legal and it is not done all the time, at least, not in this state. By state law, the name on the sign must be registered with the Secretary of State's (SOS) office since that is the name they are doing business under AND whatever business name is registered cannot be the same as a name currently registered in the SOS office.

This is a very simplified explanation: to use your example, ABC Corp. wants to register and wants to do business as XYZ Enterprises; BOTH of those names must be registered. If the name ABC is available, no problem. If XYZ Enterprises is already registered, then ABC cannot do business under that name, they will have to choose another d/b/a name.

Also, Dept. of Revenue Administration (DRA) is entirely separate from the SOS office. DRA will accept most any filings and taxes paid whether the business is registered with the SOS office or not.

Gourmand, if either or both of the names "TPG" or "The Woodshed" are already registered, then you would not be able to register them to use in Meredith or most anywhere else in NH. Of course, you all know "The Woodshed Restaurant" in Moultonborough is registered in the SOS office; it is owned by JAMS Management LLC.

Disclaimer: I am not an attorney nor do I pretend to be one (I don't even play one on TV!). Anything stated here should not be construed as legal advice. Always consult with your own lawyer.
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