Changing business name after "trans" procedure - legal requirements?

I was looking through a local flyer and came across a business that had a picture of the proprietor and it was a picture of a woman but the business name was from the original gender of the business owner - let's just call it "Dave's auto body". Now because of state laws (IDK if his is nation wide or not), you don't need to create a DBA (Doing business as) or create a "fictitious name" if you include your name in the name of the business. So if "David/Dave Jones" were to create a business they could call it "Dave's XXX" or "Smith's XXX" or some combination of this. The reason you don't need to register is a few reasons, but one is that it is easier to find the proprietor of the business when it includes the owners name - when it is something like "Better Way Auto Body", there is no indication who the owner is.

Now I've seen the picture of the business owner for years and it's clear this new picture is the same person with a perm and the beard/go-tee shaved - it's really creepy. The thing is now the owner's name is "Danielle Smith" or something but the business name is still "Dave's auto body". So I see a few problems with this. The most obvious is the protection of the public who think they are looking for "Dave" as the proprietor for either business transactions or for legal reasons. Second is laws against "dead naming". In the most ridiculous cases people have law suits filed against them for using the person's "pre-op" name and in this case, it would be done every time someone calls, and all previous customers would call looking for "Dave".

Talk about a ridiculous problem to have to discuss but I'm guessing that states are trying to dismiss this issue as long as possible but it's going to end up
in the courts, and IMO the proprietor is guilty of fraud for every day they operate the business under the previous name once they have a legal name change.

a reply to: DigginFoTroof

Dealing with big issues I see.

originally posted by: Chadwickus
a reply to: DigginFoTroof

Dealing with big issues I see.

Wow, thanks for the insight. It's never an issue when a liberal is breaking the law, but if a conservative were to be doing the same thing, there would be protesters outside trying to shut the business down and villainizing them at every chance.

If you CAN'T add anything of value then scurry back to your bridge and wait for the children you can accost.

originally posted by: DigginFoTroof
I was looking through a local flyer and came across a business that had a picture of the proprietor and it was a picture of a woman but the business name was from the original gender of the business owner - let's just call it "Dave's auto body". Now because of state laws (IDK if his is nation wide or not), you don't need to create a DBA (Doing business as) or create a "fictitious name" if you include your name in the name of the business. So if "David/Dave Jones" were to create a business they could call it "Dave's XXX" or "Smith's XXX" or some combination of this. The reason you don't need to register is a few reasons, but one is that it is easier to find the proprietor of the business when it includes the owners name - when it is something like "Better Way Auto Body", there is no indication who the owner is.

Now I've seen the picture of the business owner for years and it's clear this new picture is the same person with a perm and the beard/go-tee shaved - it's really creepy. The thing is now the owner's name is "Danielle Smith" or something but the business name is still "Dave's auto body". So I see a few problems with this. The most obvious is the protection of the public who think they are looking for "Dave" as the proprietor for either business transactions or for legal reasons. Second is laws against "dead naming". In the most ridiculous cases people have law suits filed against them for using the person's "pre-op" name and in this case, it would be done every time someone calls, and all previous customers would call looking for "Dave".

Talk about a ridiculous problem to have to discuss but I'm guessing that states are trying to dismiss this issue as long as possible but it's going to end up
in the courts, and IMO the proprietor is guilty of fraud for every day they operate the business under the previous name once they have a legal name change.

Let it be handled by whoever has to handled it, you're no lawyer or judge so it has zero to do with you and whatever you feel or think. Clearly you are biased, i wonder if the 'trans' part has to do with this.. Well not really as clearly that's the reason you got triggered and need a safe space to talk about it

Let's say he was Dave and now he is Mike. Would you be so offended then?

Here's something of value, live and let die, or let live.. stop getting your nose into someone else's affairs

Since you posted this on this Political forum, instead of other one. It is clear you are biased. I don't think you are very well aware or capable of controlling your feelings or thoughts and go into a mindless rampage as soon as something is not 100% according to your world view.

P.S. Your opinion is worthless, deal with it

a reply to: Malisa

Yes, I'd feel the same way if they changed their name to "mike". As for your "opinion" that mine is worthless, what ever happened to allowing people to think what they want - so much for the tolerant left - yet again! Now head to your safe space, stomp your feet, ball your fists up, look up to the sky and let out a good scream and maybe you'll feel better and you'll have really gotten your point across! Well done, good work and keep it up!

originally posted by: DigginFoTroof
I was looking through a local flyer and came across a business that had a picture of the proprietor and it was a picture of a woman but the business name was from the original gender of the business owner - let's just call it "Dave's auto body". Now because of state laws (IDK if his is nation wide or not), you don't need to create a DBA (Doing business as) or create a "fictitious name" if you include your name in the name of the business. So if "David/Dave Jones" were to create a business they could call it "Dave's XXX" or "Smith's XXX" or some combination of this. The reason you don't need to register is a few reasons, but one is that it is easier to find the proprietor of the business when it includes the owners name - when it is something like "Better Way Auto Body", there is no indication who the owner is.

Now I've seen the picture of the business owner for years and it's clear this new picture is the same person with a perm and the beard/go-tee shaved - it's really creepy. The thing is now the owner's name is "Danielle Smith" or something but the business name is still "Dave's auto body". So I see a few problems with this. The most obvious is the protection of the public who think they are looking for "Dave" as the proprietor for either business transactions or for legal reasons. Second is laws against "dead naming". In the most ridiculous cases people have law suits filed against them for using the person's "pre-op" name and in this case, it would be done every time someone calls, and all previous customers would call looking for "Dave".

Talk about a ridiculous problem to have to discuss but I'm guessing that states are trying to dismiss this issue as long as possible but it's going to end up
in the courts, and IMO the proprietor is guilty of fraud for every day they operate the business under the previous name once they have a legal name change.

Poor Danielle is broke from the expensive surgery and as such, requires a few months to be able to afford the name change.

Solved it. No Machiavellian conundrum here to solve...

a reply to: DigginFoTroof

Hey, you’re the one who is so upset about this that you felt the need to have a good old rant about on it on ATS. Perhaps it’s you that needs to scurry back to that bridge.

So you want a person, who’s just trying to make a living, an honest living, a small business owner, not a welfare cheat, or a criminal, just a trans small business owner, you want this person charged with fraud? Because he is now a she?

What state are you in?
Does your state allow name changes for transgender people?

Did you even think of that scenario? Or were you too triggered to think clearly?

Is that enough value for your thread?

He should change the name to “Crazy Dave’s auto (new and improved penisless) body.......shop”

2nd
And 3rd line

a reply to: DigginFoTroof

No,
You can call your business whatever you want.

Example:

Mike Smith buys out John Doe's Auto Repair but keeps the name John Doe's Auto Repair. Perfectly legal.

Stop looking for problems that aren't there.

a reply to: DigginFoTroof

I could see where the proprietor changing their personal name but not the business name could have some negative impact somewhere. But, at the same time, I can see where changing both the personal name and the business name could have some negative impact down the road. It may also be that the proprietor hasn't legally changed their name, and is still legally and for tax purposes the same person.

I am far more concerned with those who have committed crimes -- especially violent crimes and sexual crimes -- under one name, then change their name and "gender" and hide behind any laws/regs against deadnaming. It's already happening elsewhere. Deadnaming is not yet illegal here in the USA -- though it will get you banned on Twitter and Facebook -- but that may change with the Equality Act just reintroduced into the House. I haven't read the whole bill yet, and it is subject to change anyway before passage, so we'll see.

For what it's worth, there will be huge pushback from many feminist groups and gay/lesbian groups, who do not feel the "T" should be part of this bill, and would like the "T" removed from the "LGB" anyway. (Those awful TERFs donchaknow!) They correctly cite that the "T" has very different issues than homosexuals, and those issues need to be addressed separately.

2019 Equality Act

originally posted by: DigginFoTroof

originally posted by: Chadwickus
a reply to: DigginFoTroof

Dealing with big issues I see.

Wow, thanks for the insight. It's never an issue when a liberal is breaking the law, but if a conservative were to be doing the same thing, there would be protesters outside trying to shut the business down and villainizing them at every chance.

If you CAN'T add anything of value then scurry back to your bridge and wait for the children you can accost.

There is no value in your premise to begin with.

While I, personally, think someone who does a gender change has underlying mental issues, who doesn't to some extent?

If you don't want to use that company's services, don't. I don't see a legal issue here, only an acceptance issue on your part.

If you posted this OP, believing there would be universal agreement, you aren't going to like the responses.

If the dude/dudette is a good honest mechanic, thats rarer that a transgender one.

For those who either didn't read the OP or can't comprehend state business laws, the issue isn't about changing the name, that would be legal. If you start a business called "Jim's sub shop" you don't need a DBA or ficticious license if you are Jim. Now if Jim changes the name to "South Side Subs" or even "Steve's sub shop", then a DBA or ficticisous license would need to be registered with the state. So unless Jim changed his name to Steve, that would then be legal which, in the same light, it would require anyone changing their name to also change business names or be required to license the name. I really don't care which, I was just wondering if there was legal precedent or rulings for this issue and how the court system is handling this issue.

originally posted by: DigginFoTroof
a reply to: Malisa

Yes, I'd feel the same way if they changed their name to "mike". As for your "opinion" that mine is worthless, what ever happened to allowing people to think what they want - so much for the tolerant left - yet again! Now head to your safe space, stomp your feet, ball your fists up, look up to the sky and let out a good scream and maybe you'll feel better and you'll have really gotten your point across! Well done, good work and keep it up!

I don't buy that for the simple reason you could have posed a hypothetical that didn't rely on a transgender to make the point.

Of course that would have made even less sense, if that's possible.

Who cares ? If you go into a shop and "need" to speak to the owner then one cold theorise you are a "bit of hard work"
The people who work in the shop are able to deal with you just fine.
Very odd nonsensical post

a reply to: DigginFoTroof

Actually, state laws are going to vary... because that's what they do. For the most part, however, it would be no different than any other name change, including a woman changing her name for marriage/divorce purposes. There should already be a protocol in place.

But unless the guy's legal name is literally "Jim's Auto Shop", then yes, he has to file a dba listing both his legal name, i.e., "Jim Smith", and his business name, "Jim's Auto Shop." He would also have bank accounts, bills, etc., that would be in the name of the business, "Jim's Auto Shop," and "Jim Smith" would be the authorized signer. Jim can change his name to Penelope Pitstop, and still do business as "Jim's Auto Shop." He just has to file the appropriate papers with the appropriate parties. And it would probably be a wise business decision. having already established a customer base with that name.

The problems I see would be if someone needed access to the actual owner, not just the business, and were somehow unable to identify the owner due to the name change. For example, if the company isn't incorporated, then the owner can be personally liable for damages. If "Jim" didn't fix the brakes right, he shouldn't be able to hide behind "Penelope" later. Or if "Jim's Auto Shop" goes out of business and owes creditors, then "Jim" shouldn't be able to hide behind "Penelope" to avoid paying legal debts.

This would be even more crucial in the case of crimes committed.

The name change isn't a problem as long as legal avenues are established to hold "Penelope" responsible for any wrongdoing by "Jim."

However, as I already noted in my previous reply, current laws and case law (precedents) can/will be moot if the Equality Act passes.

While I understand your point, DBAs are pretty trivial in most municipalities. Half of people don't even bother until someone comes along and tells them they need one (usually when they get to needing an accountant or named bank account).

If they incorporate, it will definitely become something that has to be addressed. It doesn't give them any advantage; they are still paying taxes, etc. At most, they may have avoided paying some nominal fee for the DBA. I would just ignore it and let it play out on it's own. Unless you search the DBAs, you may never know if it complied as the name can remain as-is in either case.

That said...strange times.

"You can call your business whatever you want."

That is correct, within bounds of reason and decorum. State laws vary, but the owner of the business must be registered with the city/county/state in order to obtain and maintain a business license to operate.

This situation is no different from a woman business owner getting married and changing her last name.

Not an issue at all.

Is it Danielle Proctor? I know her. Damn good mechanic and body shop worker. Graduated college here, then moved out of state to build engines for either Peterbilt or Caterpillar, don't remember which one. Last I heard she opened her own shop under Perry's Auto. Not easily offended, didn't care if we called her Danielle or Perry, sir or ma'am, and could kick the # out of most manly men I know lol.

a reply to: DigginFoTroof

You have to come to the table with value to expect people to join you bearing value. Wooooooosh.

originally posted by: DigginFoTroof
a reply to: Malisa

Yes, I'd feel the same way if they changed their name to "mike". As for your "opinion" that mine is worthless, what ever happened to allowing people to think what they want - so much for the tolerant left - yet again! Now head to your safe space, stomp your feet, ball your fists up, look up to the sky and let out a good scream and maybe you'll feel better and you'll have really gotten your point across! Well done, good work and keep it up!

Wow, I don't stomp my feet, that's clearly your job, you are doing exactly those things you say i need to do LOL

Stop being so weak minded you have to run screaming about everything you don't like

I don't need a safe space, you clearly do from what your post history says so far

I understand life is hard for you, i can't imagine having a washing maching turn crap on me, life is hard these days mister. Thank god i can afford the real good stuff