I have a business with a partner and I want her out of it (she's proven to be a disaster).
I created the business, the product, and the name of the business (which has our two names in it) - and I love it.
I am the designer - and the logo, stationary, website, etc. are already intact and I do not wish to change this.

I also have an existing design business by myself, in which I am operating under a DBA.
(This can be changed, I can always go back to the original corporation name, no big deal) -

BUT... the question is...

If my partner refuses to let me keep our business or the name, could I dissolve the business and use our name as an additional DBA in MY business?

2 things - can you have more than one DBA, and, would it be legal to "re-use" the name as a DBA (don't forget... it has her name in it (first name).

(P.S. They are both corporations.).

?

If my partner refuses to let me keep our business or the name, could I dissolve the business and use our name as an additional DBA in MY business?

2 things - can you have more than one DBA, and, would it be legal to "re-use" the name as a DBA (don't forget... it has her name in it (first name).


I am confused as to what you propose to do. How do you propose to disolve the corporation? Voluntry dissolution of a corporation would require a mutual agreement (assuming each of you owns 50% of the shares) as to the disposition of the assets. One of the assets, of course, would be the trade name.

Let's say that your name is "Dennis" and your existing sole propietorship (your "d/b/a") is called "Dennis Company". The corporation, let's assume, is called "Dennis & Mary, Inc.". It would not be legal for "Dennis Company" to do business as "Dennis & Mary, Inc." because, for one thing, that's implying it to be a corpration when it is not. So change the assumption and call it "Dennis & Mary Company" (assuming your local corporation law has no problem with "company" being used by a sole proprietor). In that case, it would be possible for you to continue to do business as "Dennis Company" and also to begin doing business as "Dennis & Mary Company", assuming the dissolution agreement gives you the trade name.

As I said, however, I fail to understand how you could acquire the trade name absent a dissolution agreement.