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Thread: Registering a fictitious business name: privacy implications

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    smartcookie
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    Default Registering a fictitious business name: privacy implications

    This isn't strictly Dollar Den related, but it didn't fit into any other forum.

    I'm looking into starting a business. A Sole Proprietorship makes the most sense at this point and I need to file a DBA or fictitious business name. I'm concerned about privacy implications. DBAs must be announced in a newspaper along with a place of business, which, in my case, would be my home address. There's a certain stalker who relies on Google to keep tabs on me; I really don't want him to have my home address.

    If there's anyone here who filed a fictitious business statement, does your info turn up on Google or I'd be grateful if you'd let me know. Thanks!

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    Default Re: Registering a fictitious business name: privacy implications

    DBA's are a matter of 'public record' ... so in a state with the large online presence of New York it's a pretty safe bet that this info will be readily available to any serious inquirer.

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    Default Re: Registering a fictitious business name: privacy implications

    And if it is not online already, it will be.

    Some states allow one to use PO boxes as the business address. This is dependent on the state.

    One can then have the PO Box automatically forward mail to a real address so you don't even need to go to the box (and be followed home.)

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    Default Re: Registering a fictitious business name: privacy implications

    Quote Originally Posted by smartcookie View Post
    This isn't strictly Dollar Den related, but it didn't fit into any other forum.

    I'm looking into starting a business. A Sole Proprietorship makes the most sense at this point and I need to file a DBA or fictitious business name. I'm concerned about privacy implications. DBAs must be announced in a newspaper along with a place of business, which, in my case, would be my home address. There's a certain stalker who relies on Google to keep tabs on me; I really don't want him to have my home address.

    If there's anyone here who filed a fictitious business statement, does your info turn up on Google or I'd be grateful if you'd let me know. Thanks!
    Not trying to threadjack but I was just wondering this same thing. I formed a corporation and easily found my information on the division of corporations site for my state. This is a concern for me too because of a stalker. I'm not sure what to do to keep my stalker from finding my information.

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    Default Re: Registering a fictitious business name: privacy implications

    Is there a way to get that information taken offline and out of records? Perhaps by changing some things such as the registered agent or business address?? In my state the registered agent name is what comes up in the search. In my case that is me.

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    Default Re: Registering a fictitious business name: privacy implications

    ^^^ I can think of only one way to accomplish this 100% ... by registering your corporation in a foreign country. However, this is rather difficult for an individual to do. And this will also attract extra attention from DHS.

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    Default Re: Registering a fictitious business name: privacy implications

    FYI: You can start a corporation in Wyoming and have your registered agent act as the "officer on record" and even register the EIN for you so people looking up public info won't find your name in connection with the business. Also the address on record would be that of your registered agent. You will still be the directing officer and owner of the corp; this just requires a simple form.

    Corps in WY are cheap and their taxes are ridiculously cheap. No state income tax.

    You can also have your registered agent receive your biz mail in WY and forward it to you.

    All those agent services cost money, but the tax savings will pay for it. I highly recommend.

    Quote Originally Posted by pheno View Post
    When you lead a nontraditional life don't try to measure it with traditional milestones.

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    Default Re: Registering a fictitious business name: privacy implications

    If you register in another state, keep in mind that you will be filing paperwork in two states. The one you register in, and the one that you do business in. You can use an agent, there are companies that do this, or your attorney can do it and use his/hers address.

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    Default Re: Registering a fictitious business name: privacy implications

    I would have thought that it would be easier to deal with the stalker than with the potential ramifications of being seen to be hiding things and using aliases in the modern world.

    I have come across privacy sites in the past that demonstrate how easy it is to locate people and information online in the US. The impression I got is that if an individual faced a serious snooper, there is no hiding. That is certainly the case in the UK.

    Sorry. I know that this isn't positive, but probably realistic.

    Might it not be easier to try something like a restraining order?

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    Default Re: Registering a fictitious business name: privacy implications

    ^^^ a basic tenet of law in most US states is that judges are reluctant to grant restraining orders until AFTER something bad has actually happened.

    I also agree that, while the 'officer of record' front does provide some degree of protection against a 'casual' search, ultimate it does not offer complete protection. Only a foreign corporation can do that. Same situation exists as well re an 'agent of record' fronting for you in whatever jurisdiction the corporation is registered in.

  11. #11
    smartcookie
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    Default Re: Registering a fictitious business name: privacy implications

    Quote Originally Posted by StuartL View Post
    I would have thought that it would be easier to deal with the stalker than with the potential ramifications of being seen to be hiding things and using aliases in the modern world.
    It really isn't.

    His methods aren't that sophisticated - plain old search engines. He does not have the financial resources to hire a private detective.

    He moves constantly, and my police reports are in different states. In one sense, he's smart enough not to make specific threats of bodily harm, which is the criteria for federal charges. He has stated he's "coming after" me and my family, threatened to out my history as a sex worker to them, and said that I'm an alien/robot programmed by the CIA (schizophrenic meth addict). I received a "friend request" from him on Facebook, which I blocked, but kept a record of it. I'm waiting for him to fuck up just one more time, and then I can pursue legal action.

    Still, if it comes to that, he'll get out eventually, and it will start over again, and the fact remains, I need to start a business. So I will look into Wyoming (thanks for the recommendation, Bridgette).

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    Default Re: Registering a fictitious business name: privacy implications

    Quote Originally Posted by Melonie View Post
    ^^^ a basic tenet of law in most US states is that judges are reluctant to grant restraining orders until AFTER something bad has actually happened.

    I also agree that, while the 'officer of record' front does provide some degree of protection against a 'casual' search, ultimate it does not offer complete protection. Only a foreign corporation can do that. Same situation exists as well re an 'agent of record' fronting for you in whatever jurisdiction the corporation is registered in.
    As soon as the foreign corporation files to business in a particular state, it has to provide information to the corporations division. The same information as if it was incorporated in that state, in most cases. The tradeoff for having the right to do business in the corporate form is providing the state government with identifying information.

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    Default Re: Registering a fictitious business name: privacy implications

    ^^^ very true, but if you have used an 'agent of record' for your foreign corporation, the info provided stops with that agent i.e. Mr. Hans Brinker, Dike Road, Amsterdam, Holland. In order to dig any deeper, it is then necessary to access Dutch corporation records - which is a far more difficult task.

    Also, where dancer related business activities are concerned, it is really only necessary to report this info to one US state ... with any business operations in other US states then being referred back to the first state's business address. This would be a different story of course if there was a 'brick and mortar' presence in any other US states, but for dancers that isn't an issue.

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    Default Re: Registering a fictitious business name: privacy implications

    Quote Originally Posted by Melonie View Post
    ^^^ very true, but if you have used an 'agent of record' for your foreign corporation, the info provided stops with that agent i.e. Mr. Hans Brinker, Dike Road, Amsterdam, Holland. In order to dig any deeper, it is then necessary to access Dutch corporation records - which is a far more difficult task.
    No more and no less difficult than accessing it in Indianapolis. A corporation with a registered agent at 400 N. Meridian Street (Barnes & Thornburg), Indianapolis, IN and an incorporator who is an employee at B&T with the same address is just as difficult to access as the Dutch corporation records.

    Also, where dancer related business activities are concerned, it is really only necessary to report this info to one US state ... with any business operations in other US states then being referred back to the first state's business address. This would be a different story of course if there was a 'brick and mortar' presence in any other US states, but for dancers that isn't an issue.
    That depends on the state. Maine, for example frequently levies various taxes on entertainers who perform there. Then, Maine lets them make a business decision about paying or fighting the taxes. Kentucky with its patchwork of dancing licenses, does the same thing. Dance in Lousiville, where they require a dancer permit, and you can bet on getting a bill from the KY Revenue Cabinet. Dance in a KY city without a license requirement and the Revenue Cabinet never finds out you were there.

    If you claim to dance in the corporate form, and do not register your foreign corporation, you can bet your state corporate income tax return is not going to work, and you will be assesed at the personal rate. (In Indiana this can be a substantial difference as corporations are subject to a net income tax and individuals are subject to gross income tax.) Of course the state will assess a deficiency penalty for under-reporting on your individual income tax return.

    The use of corporate form for tax planning is legitimate. However, that tax planning should be done with the help of a competent attorney and CPA. If you are doing business in several states, then it may be necessary to consult attornies and CPAs in every state you intend to do business.

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    Default Re: Registering a fictitious business name: privacy implications

    A corporation with a registered agent at 400 N. Meridian Street (Barnes & Thornburg), Indianapolis, IN and an incorporator who is an employee at B&T with the same address is just as difficult to access as the Dutch corporation records.
    while I won't argue this point too strongly, I would comment that it is IMMENSELY more difficult for a US private citizen, or even a US state/local agency (like a state tax dept) to identify or otherwise obtain personal data on an incorporator / employee of an 'agent of record' corporation via accessing Dutch corporate records versus US corporate records.

    I do agree with you completely that dancer incorporation opens a 'pandora's box' of additional complexity, with taxation being the main focus of that complexity.

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    Default Re: Registering a fictitious business name: privacy implications

    Quote Originally Posted by Melonie View Post
    while I won't argue this point too strongly, I would comment that it is IMMENSELY more difficult for a US private citizen, or even a US state/local agency (like a state tax dept) to identify or otherwise obtain personal data on an incorporator / employee of an 'agent of record' corporation via accessing Dutch corporate records versus US corporate records.
    Other than the language barrier, there is little difference. If you want the name of a registered agent or the incorporator, a simple request to the Dutch Corporations office is all that is needed. They will provide the information. Further, if a Dutch corporation wants to do business in a US state, it will have to disclose all that information, and more. It will have to appoint a domestic registered agent and disclose all the information about that agent as required by state law. In most cases the information required of a foreign corporation registering in a state is the same as forming a domestic corporation.

    Further, a foreign corporation doing business in certain states, California, subjects the corporation to that state's world wide tax jurisdiction. California asserts, and the U.S. Supreme Court agrees, that it has the jurisdiction to levy full California taxes on a corporation doing business in California on its worldwide income. Subject to a deduction for taxes paid in other jurisdictions. Thus a foreign corporation that crosses California's golden borders subjects it total income, not just its California source income, to California taxation.

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    Default Re: Registering a fictitious business name: privacy implications

    ^^^ maybe that was why my accountant forbade me to ever dance in California again ??? !!!

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    Default Re: Registering a fictitious business name: privacy implications

    Quote Originally Posted by Melonie View Post
    ^^^ maybe that was why my accountant forbade me to ever dance in California again ??? !!!
    That it is. I don't do personal taxes, other than my own, but if I was in the public accounting business, I would definitely advise anyone to avoid casual business contacts in California. Anyone doing business there has to do a lot of business in California to justify the high costs associated therewith.

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    Default Re: Registering a fictitious business name: privacy implications

    thank you !

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    Default Re: Registering a fictitious business name: privacy implications

    I had a similar concern when I changed my name. I mean, part of the reason I was changing my name was to avoid a stalker, and they make you run your name change in the paper for six weeks. It was in a paper that's online, but it doesn't show up on google. I think, specifically, that their "public notices" section isn't cached online?



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    Default Re: Registering a fictitious business name: privacy implications

    Apparently if you google someone with 1 feedback selling dirty panties you get branded as a stalker. She now acts so paranoid that I will find outeverything about her. What an egomaniac! I was a gentlemen bidding on her panties. A progressive with all these promises of additional goodies. Two bidders (yea only two) and one was a shill she had jacking me up to $255. Then the other bidder mysteriously disappeared and if that was ebay my bid would have dropped to $10. So ok I still liked the promises. This person stuffed 3 paif of "used?" panties in a plastic bag with no note and basically sold me three brand new pair of panties for $255. No special anything. I was treated like a parasite. I complained to this newbie and she screamed CYBERSTALKER!!!!!!!!! What a joke. I have read many posts here as it is quite interesting. But she is trying to impress you girls that SHE has a stalker. Well she doesnt. Her medication is not tweaked right and she is paranoid.

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    Default Re: Registering a fictitious business name: privacy implications

    I bet Luxxxe thought I was a stalker just because I bid on her panties. And Luxxxe the reality is that I was asked to bid on other persons panties (EBANNED) for feedback purposes only. I mean like I really want to stalk somebody! SHE IS SCARING ME! Who knows how many relatives she has 50 or 500 and maybe an illegal who can murder and slip back into mejico. Luxxxe fanned the flames of my dissatisfaction to the point that I was fed up with her ridiculous shit. She was the worst seller I have ever heard of. Totally inept and totally thinking she is hot shit.

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    Default Re: Registering a fictitious business name: privacy implications

    Can I please go back to just being nobody Luxxxe? How would you like these people to know how you scammed me for $255? And you were just pissed because I said, "your panties looked like they were worn by a gorilla."

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    Default Re: Registering a fictitious business name: privacy implications

    Can you use an address other than your home address for your DBA? If your state doesn't allow you to use a P.O. box, UPS stores offer mailboxes with regular street addresses.

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