| DATE: |
02/19/07 |
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|---|---|---|---|---|
| SUBJECT/TOPIC: |
ASSUMED NAMES |
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| Q: | ABC, LLC is organized in Delaware and coming into Tennessee to engage in commercial real estate transactions. There is already an ABC, LLC registered in Tennessee, so you file for an assumed name with the Tennessee Secretary of State - XYZ, LLC. In purchasing real estate how would you think the LLC should take title: (1) XYZ, LLC, a Delaware limited liability company; (2) ABC, LLC d/b/a XYZ, LLC, a Delaware limited liability company; (3) ABC, LLC, a Delaware limited liability company doing business in Tennessee as XYZ, LLC; or (4) Otherwise? Thanks.
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| A: | I would think either (2) or (3) would work. Another possibility might be XYZ, LLC, a Delaware limited liability company. I don't think it matters as long as you connect the dots for future title examiners. I think any of these alternative approaches do that. |
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