Business Entity Questions for Fresnel

[Ogre]

I currently do business under an LLC. Some of the services that I provide require a license (which I have) and some do not. Am I OK operating under an LLC or do I need to have it registered as a PLLC? This business is in its 7th year as an LLC.

Also, I want to establish a DBA (under the LLC) to better reflect the commercial client side of the business. Does the DBA need to be filed through the Texas SOS or just at the county level? I have a single business address in Monty county, but provide services at client locations in multiple counties, does the DBA need to be registered just in my county or all counties where I serve clients?

Lastly, do you do DBA filings and what would be the fee (PM me)

Thanks

[wackjum]

There is no real requirement to have a PLLC in Texas unless you are a doctor, lawyer, accountant (and I think engineer). A PLLC is more restrictive in that only one type of service can be rendered under the entity. An LLC can provide any lawful service, even many at the same time.

The reason why doctors, lawyers, accountants, and possibly engineers* require a PLLC is because they may be held personally liable even though they are operating under a limited liability construct. For gross negligence or misconduct, liability can reach through the entity and strike the professional in these fields. The same is not necessarily true for other professionals such as architects. Architects fall under the definition of a licensed profession but are not held to be personally liable in instances of gross negligence.

A DBA for an entity must be filed both in the County that the entity is registered in and with the Secretary of State. It is not necessary to file a DBA in counties where the entity merely conducts business.


* I would have to look into this.

[Ogre]

That helps. Thanks for the legal opinion.