DBA
Doing Business As
A "Doing Business As" (DBA), also known as a “trade name”, “assumed name”, or “fictitious business name”. The purpose of registering a DBA name is to notify the public that a particular person or business entity is conducting business under a name other than its legal name. Registration may give an existing entity or person a legal document that allows a business to operate under a name different from its actual or legal entity name.
While it's a legal requirement for certain businesses in certain jurisdiction, it doesn't create a separate legal entity or offer asset or liability protection.
A DBA does not alter the legal obligations or entity structure. Institutionally administrations recognize the original person, individual, or legal entity behind the DBA as the responsible party for obligations and exemptions.
Also Known As
A "DBA" (Doing Business As) and "AKA" (Also Known As) have distinct meanings related to operations and identification. A DBA is a formal, legally registered trade name used when a business operates under a name other than its lawful or legal name.
AKA, on the other hand, is a more informal term for recognition purposes. It can be an assumed name like a pen name or pseudonym, or even just a nickname like "The Rock" who is actually Dwayne Johnson, or The Christ who was actual name was Yeshua known as Jesus, or in the Greek Ἰησοῦς (Iesous) and in the Hebrew יֵשׁוּעַ Jeshua.
Even Isaiah wrote in Chapter 9 of the use of many names'' but one distinguishing identity:
- "For unto us a child is born, unto us a son is given: and the government shall be upon his shoulder: and his name shall be called Wonderful, Counsellor, The mighty God, The everlasting Father, The Prince of Peace." Isaiah 9:6
The Church appointed by Christ is not engaged in any other business but in the occupation[1] of Christ which is not of the "world". Therefore His appointed ministers, not being engaged in the "trade or business" of the "world" remain separate.
Luke 19:13 "And he called his ten servants, and delivered them ten pounds, and said unto them, Occupy till I come."
A State
In some States a sole proprietorships and general partnerships are generally not required to register with the state if they are using their legal name. However, they must register if they are using an assumed or fictitious business name (DBA).
In Oregon, as an example, registering a DBA name, also known as an "assumed business name", requires filing an Assumed Business Name Registration Form with the Oregon Secretary of State.
This form requires you to provide the proposed DBA name, the name of the filer, the business's principal address, and other specific information requested on the form. This registration is a benefit.
You must also pay a filing fee.
Filing a DBA with the Oregon Secretary of State is mandatory for sole proprietorships, partnerships, LLCs, corporations, and other business structures using a trade name. This would mean that a Church appointed by Christ, which is separate from the world and not engaged in trade and business and cannot be required to register under the laws of the United States and confirmed by other subsequent acts of the legislature like the Freedom of Religion Act.
Church is exempt
In some States, churches generally do not need to register as a business with the Secretary of State. They are exempt from registration with the Oregon Department of Justice.
If they are not organized in accordance with the Body of Christ but have chosen to incorporate as a "nonprofit" or even a "public benefit corporation", or "Charitable institution", or if they engage in activities like "trade or business" they may still need to register with the Secretary of State.
Not a religious organization
The Church may differ from religious organizations and are mandatorily exempt from registration requirements. A "religious organization" is legally defined as an entity whose primary purpose is the study or advancement of religion. Seeing that religion is only mentioned one time in the Bible in a good sense, as Pure Religion, the primary purpose of the Church cannot be Religion. If we couple that with the fact the term religion has often changed over the years to suggest that a church is primarily a religious organization would be deceptive if not dishonest.
Religious organization can include a variety of churches, mosques, synagogues, and other institutions that exist to support and manage the practice of different sets of beliefs but is often used as a very broad term to encompass non-church public charities like NGOs and other corporations of the state.
There are states that may consider that certain "church trust" that hold property for charitable purposes may still be required to register with the Department of Justice. But not all will nor can they be required.
The Primary purpose
While a Church may practice Charity and encourage others to do so also but its primary purpose is the purposes of Christ as directed by Him.
The first and most primary call to the Church is t repent and follow Him. Associated with that primary directive would by default be to call the people to that same repentance.
The primary call to repentance remains hollow and weak if we do not also direct those who do repent to also seek the kingdom of God and His righteousness.
That may include some teaching but education would not be primary practice since we are to be taught mostly by the Holy Spirit.
Some will say that the Church is "to make disciples of all nations",[2] proclaiming the good news of salvation in hope that men become believers. The bible does say teach but again without repentance you can teach nothing but information but it is the Holy Spirit or comforter that gives life.
Those that do may be served in charity and love but to love thy neighbor is a duty of all mankind.
Church Fellowships
Terms like Church or ekklesia and the term fellowship are not synonymous with each other.
Government institutions like the IRS in the United States don't "officially recognize" religions because of Constitutional limitation.
Instead they often merely focuses on determining whether an organization meets the criteria for tax exemption as a religious nonprofit. Their "determination" letters may be counter effective in protecting a Church as established by Christ.
While, the Church is religious and nonprofit because it is not engaged in trade or business it is also organized according to the criteria of Christ who desired it to be separate from the world.[3]
In the US, churches are generally considered automatically tax-exempt under Section 501(c)(3) of the IRS code, just by existing as a Church as we see in Section 508.[4]
The term "Fellowship" can be used as a term to describe the nature of a religious group or community even if it is not structured as the early Church.
The term "fellowship", again, is not a formal legal term in the same way a "Church" itself is defined by government and non government institutions and certainly by Christ. The Church must be separate from the "world"[3] while the people in congregations or fellowships may or may not be.
The early congregation were free assemblies rather than institutions with a unique legal identities. A fellowship is not a specific legal classification for tax or legal purposes but a Fellowship may be indicated by a common communion. A fellowship of Christ would be based on the bonds of a spiritual community with a common vision and the leading of the Holy Spirit, the Comforter,[5] in a common Thanksgiving.
A church as an institution of Christ with a unique legal identity should be assessed upon its characteristics and activities and not just its name nor claims to be a church. The Criteria of His Church and Congregations should include the requirements of Christ.
as long as there is religious liberty protections under the Free Exercise Clause there should be Freedom of Religion. The Church should not be confused with a religious nonprofit, regardless of whether it uses the term "church" or "fellowship," where it only enjoys similar legal protections and benefits by permission and regulation by the State.
Footnotes
- ↑ 4231 πραγματεύομαι pragmateuomai prag-mat-yoo’-om-ahee from 4229 pragma deeds done and 4238 prasso to exercise and practice, v; TDNT-6:641,927; {See TDNT 657 } AV-occupy 1; 1
- 1) to be occupied in anything
- 2) to carry on a business
- 3) to carry on the business of a banker or a trader
- ↑ Matthew 28:19 Go ye therefore, and teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Ghost:
- ↑ 3.0 3.1 Of this world
- John 8: “23 And he said unto them, Ye are from beneath; I am from above: ye are of this world; I am not of this world.”
- John 11:9, 10 “Jesus answered, Are there not twelve hours in the day? If any man walk in the day, he stumbleth not, because he seeth the light of this world. 10 But if a man walk in the night, he stumbleth, because there is no light in him.”
- John 12:31 “31 Now is the judgment of this world: now shall the prince(archón, a member of the executive elements of government) of this world be cast out(ekblēthēsetai exō).”
- John 13: “1 Now before the feast of the passover, when Jesus knew that his hour was come that he should depart out of this world unto the Father, having loved his own which were in the world, he loved them unto the end.”
- John 14:30-31 “30 Hereafter I will not talk much with you: for the prince(member of the executive) of this world cometh, and hath nothing in me. 31 But that the world may know that I love the Father; and as the Father gave me commandment, even so I do. Arise, let us go hence.”
- John 16:11 “11 Of judgment, because the prince of this world is judged.”
- John 18: “36 Jesus answered, My kingdom is not of this world: if my kingdom were of this world, then would my servants fight, that I should not be delivered to the Jews: but now is my kingdom not from hence.”
- 1 Corinthians 3: “19 For the wisdom of this world is foolishness with God. For it is written, He taketh the wise in their own craftiness.”
- 1 Corinthians 5:10-13 “10 Yet not altogether with the fornicators of this world, or with the covetous, or extortioners, or with idolaters; for then must ye needs go out of the world. 11 But now I have written unto you not to keep company, if any man that is called a brother be a fornicator, or covetous, or an idolater, or a railer, or a drunkard, or an extortioner; with such an one no not to eat. 12 For what have I to do to judge them also that are without? do not ye judge them that are within? 13 But them that are without God judgeth. Therefore put away from among yourselves that wicked person.” see put to death.
- 1 Corinthians 7: “31 And they that use this world, as not abusing it: for the fashion of this world passeth away.”
- ↑ 26 USCS §508 Special rules with respect to 501(c)(3) organizations. (c) Exceptions. (1) Mandatory exceptions, Subsections (a) and (b) shall not apply to (A) churches, their integrated auxiliaries, and conventions or associations of churches....
- ↑ The comforter
- Lamentations 1:16 For these [things] I weep; mine eye, mine eye runneth down with water, because the comforter that should relieve my soul is far from me: my children are desolate, because the enemy prevailed.
- John 14:16 And I will pray the Father, and he shall give you another Comforter, that he may abide with you for ever;
- John 14:26 But the Comforter, [which is] the Holy Ghost, whom the Father will send in my name, he shall teach you all things, and bring all things to your remembrance, whatsoever I have said unto you.
- John 15:26 But when the Comforter is come, whom I will send unto you from the Father, [even] the Spirit of truth, which proceedeth from the Father, he shall testify of me:
- John 16:7 Nevertheless I tell you the truth; It is expedient for you that I go away: for if I go not away, the Comforter will not come unto you; but if I depart, I will send him unto you.