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-   -   DBA and Domestic Partners (https://www.askmehelpdesk.com/showthread.php?t=28134)

  • Jun 21, 2006, 11:43 PM
    jaxgrl
    DBA and Domestic Partners
    Hi,
    My registered domestic partner and myself are starting a small business in California. We are trying to file our DBA paperwork - but we don't know how. There is no category for domestic partners - only husband and wife, co-partners, etc. Does anybody know how we should file? Thanks!
  • Jun 22, 2006, 09:44 AM
    excon
    Hello jaxgirl:

    In answer to your specific question, no. I don't know how to properly file the form you are speaking of - if there is a proper way. And, maybe it makes no difference anyway.

    Clearly, the agency that produced the form isn't politically correct. Unless you have a personal reason to try to force this agency into recognizing your domestic partnership, there are other ways to skin this cat.

    I don't know what specific rights a registered domestic partnership grants on its adherents. It would be my guess that they reside more in the "domestic" range of rights, similar to what married people have. I suggest that you can provide all the "business" protection you need for yourselves by setting up a simple business partnership. ALL sorts of protections can be built in, and you don't have to force the government to change any of its forms.

    Additionally, for the purposes of this form and this agency, you may very well already BE, in effect, business partners. It doesn't take a contract to form a business partnership, although I think you should have one.

    Jumping through the regulatory hoops is already hard enough - especially in California. You don't need to stir things up and make it any harder than it has to be.

    That said, I suggest you run it by an attorney. Better safe than sorry.

    excon
  • Jun 22, 2006, 09:50 AM
    valinors_sorrow
    I would think co-partners would work; that there is a personal relationship too is probably beside the point. Best to have a legal document outlining your business partner relationship apart from the domestic relationship like excon said. An attorney can draw up a simple business contract. I once owned a printing company with my live-in boyfriend and the business flourished when the personal relationship didn't. This was unimaginable at the time we conceived the business. It was odd but it worked and mostly because we had that contract to guide us.
  • Jun 22, 2006, 03:26 PM
    Fr_Chuck
    Since domestic partners is not reconised in all states and your business may also be doing business out of state, I would review this with an attorney as to the proper business contract of partnership. A DBA is merely only a filing to do business with another name other than your own real name, not real contract between partners.

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