Apple no longer taking DBA or fictitious business name to enroll in iPhone Dev Prgrm?
Hey guys,
I've decided to finally become an official iPhone developer member. I would rather enroll as a company than as an individual as many people have suggested. I've gone through the process assuming all they needed was a DBA or fictitous business name statement as many blogs and support documents have said that they will want one of those documents as proof of owning the company name.
However, I got the email to submit these documents and I submitted my ficitious business name statement. Then I got this response from Apple:
Quote:
Hello Chris,
We are currently in the process of reviewing your iPhone Developer Program enrollment information.
We can confirm that we have received your business documentation, however we do not accept 'DBA' or Fictitious Trade Name documents as a form of identity for the iPhone Developer Program.
In order for your enrollment to be considered, we would require one of the following documents which can confirm your current company information.
- Articles of incorporation
- Business license
- Certificate of Formation
- Registration of trademark
- Charter documents
- Partnership papers
- Reseller or vendor license
- Operating Agreement
Please know that if you are unable to submit the requested documentation we would have to withdraw your company enrollment and you may wish to consider enrolling as an individual.
I hope you find this information useful. Please let us know if you have any further questions.
So what should I do now to be able to distribute names under my company name? I don't have any of those documents which I need. So I'm wondering which of the documents would be the easiest and cheepist to get.
I'm just an individual and the only member of my comany.
I've decided to finally become an official iPhone developer member. I would rather enroll as a company than as an individual as many people have suggested. I've gone through the process assuming all they needed was a DBA or fictitous business name statement as many blogs and support documents have said that they will want one of those documents as proof of owning the company name.
However, I got the email to submit these documents and I submitted my ficitious business name statement. Then I got this response from Apple:
So what should I do now to be able to distribute names under my company name? I don't have any of those documents which I need. So I'm wondering which of the documents would be the easiest and cheepist to get.
I'm just an individual and the only member of my comany.
Are you in the USA? If you are, you need to be a legitimate business entity with legal documents in your state if you want Apple to accept you.
Then once you are accepted, you can use your DBA as what you want to display in iTunes. For example, my company name is "Hooked In Motion, LLC" but my DBA on iTunes is "Hooked In Motion". I have "Hooked In Motion, LLC" as my official registered name with the state of Washington, and "Hooked In Motion" and "Ethan Productions" as registered DBA names also in Washington State.
You have to be 100% legitimate with your companies registration and legal documents if you want Apple to accept you. It's going to cost you a couple hundred bucks to get everything set up.
Just saying you are a company doesn't make you a company.
Just saying you are a company doesn't make you a company.
Ethan
Well, yes, it pretty much does. And if you use your real name, you don't need a DBA, either.
Anyway, Apple will accept a trademark registration, which doesn't require any particular kind of business structure to obtain. I'm not exactly sure what they're after here.
Well, yes, it pretty much does. And if you use your real name, you don't need a DBA, either.
Anyway, Apple will accept a trademark registration, which doesn't require any particular kind of business structure to obtain. I'm not exactly sure what they're after here.
I guess I should have been more clear. You're right, you can use your personal name or DBA as a Sole Proprietor. But even in my state Sole Proprietors need to register with the state. Just want to make sure you check with your state regulations when you start doing any business. So if you do have to register, even as a Sole Proprietor, you might as well do so and then just send that license to Apple.
Obtaining a trademark is probably the most expensive and complicated registration document to get in that list they gave you.
So what should I do now to be able to distribute names under my company name? I don't have any of those documents which I need. So I'm wondering which of the documents would be the easiest and cheepist to get.
I'm just an individual and the only member of my comany.
A glance at your web page says that you're currently at Lehigh University. Assuming this is the Lehigh located in Pennsylvania, do you actually in the city of Bethlehem? If so, a quick Google search reveals that you are required to have a business privilege license if you are operating a business within city limits. It only costs $25, and then you'll have the documentation you need to file with Apple. See here for more info (scroll down to the section about business privilege licenses).
I'd suggest that you talk to someone knowledgeable about running a business in your area, or at least pick up a book and review the list of requirements that nearly all new businesses must meet. In general, you need to determine your responsibilities to the federal, state, and local governments. As Ethan said, you may be required to register with your state for tax purposes, and most local governments require a business privilege license and either a zoning permit (if the business has dedicated office space) or a home occupation permit if you are operating a business from your home. There's a good chance that if you don't have any of the documentation that Apple is requesting, you're not operating legally. Even a sole proprietorship is subject to these requirements, so these are things every iPhone developer should be thinking about, even if they are planning to register as an individual.
Then once you are accepted, you can use your DBA as what you want to display in iTunes. For example, my company name is "Hooked In Motion, LLC" but my DBA on iTunes is "Hooked In Motion". I have "Hooked In Motion, LLC" as my official registered name with the state of Washington, and "Hooked In Motion" and "Ethan Productions" as registered DBA names also in Washington State.
I think what he is referring to is in the past Apple accept DBA, now they do not accepted anymore.
So what should I do now to be able to distribute names under my company name? I don't have any of those documents which I need. So I'm wondering which of the documents would be the easiest and cheepist to get.
I'm just an individual and the only member of my comany.
If you don't "have any of those documents" and are just some guy with a "company" you dreamed up... then you dont have a company. You are a sole proprietor who has no legal protection for yourself that would exist if you legally set up an LLC, LLP, S Corp, etc.
Apple wont let you advertise that you have a "company" selling these apps rather than the individual that you are for legal reasons. You really should set up a legal entity anyway because if one of your users feels you ripped them off or your app hurt them in some way, then they may end up suing you (legitimately or not). If they somehow win in a court then they may be able to take your home, your car, etc. If you have actual legal protection, for example in an LLC, then they cannot go after you personally.
Make sure you have all your i's dotted and your t's crossed when you are actually setting up a company to run a business. Saying "I have a company" or "I am a company" is really a irresponsible way to run a business and could end up costing you a lot when something goes wrong. Sorry for the tough love, but I've known people who have lost a whole lot thinking they were running a business but were really just trying to sell things without any legal protection.
It isnt that expensive to get everything legal and in the long run you can't afford not to do it if you are serious about this venture.
Good luck, happy new year, and I hope you get everything sorted out in your business!
I would first like to extend my thanks for all your tips and advice.
Just to give you all an update:
I ended up withdrawing my application for a company and decided to just enroll as an individual. I don't plan on forming a LLC anytime soon since in Massachusetts it cost $500 a year. I do not yet have that economic capability.
I do, in the state of Massachusetts, have a DBA for my company. So from a legal standpoint the name of my company is linked to me. If my apps take off then maybe I will consider forming an LLC, but as for now developing is just a hobby.
I was also just frustrated that Apple took DBAs before and now are refusing to.
I do, in the state of Massachusetts, have a DBA for my company. So from a legal standpoint the name of my company is linked to me. If my apps take off then maybe I will consider forming an LLC, but as for now developing is just a hobby.
I was also just frustrated that Apple took DBAs before and now are refusing to.
Just want to confirm, do Apple really "no longer accept DBA"?
Just a clarification to all so that people in the future do not waste their valuable time and possibly money:
I was under the impression that I had to be enrolled as a company for my apps to distributed under the company name. To clarify, I'm talking about the name that appears in the App Store on the iPhone a little grayed out under the application name.
This is not the case and I was mistaken. Apple is only referring to the seller, the legal entity that is SELLING the App. (Its the little box on App Page in iTunes.) I've attached screenshots to illustrate what exactly I'm talking about.
I thought the Distribution Company Name and the Seller Name were one of the same. You get to chose your Distribution Company Name in iTunes Connect when you submit your first app.
You cannot be a business entity (company) if you dont have legal "Articles of Incorporation" on file in your jurisdiction, without those articles, you are simply an Individual.
Actually, my boss tried to use DBA before and it was rejected, so I'm not sure if Apple ever was accepting DBAs, I could be wrong.
Just a clarification to all so that people in the future do not waste their valuable time and possibly money:
I was under the impression that I had to be enrolled as a company for my apps to distributed under the company name. To clarify, I'm talking about the name that appears in the App Store on the iPhone a little grayed out under the application name.
This is not the case and I was mistaken. Apple is only referring to the seller, the legal entity that is SELLING the App. (Its the little box on App Page in iTunes.) I've attached screenshots to illustrate what exactly I'm talking about.
I thought the Distribution Company Name and the Seller Name were one of the same. You get to chose your Distribution Company Name in iTunes Connect when you submit your first app.
Hi Chris,
I was a bit confused with your explanation (I wasn't able to download your screenshots to clarify what you meant; it kept ask me to log in even though I have logged in). I noticed that you ended up with "ChallTech" as the seller name for your app. You said you ended up applying as individual, yet you can still have your surrogate name (instead of your real name) to appear as the seller name. How do you that? I thought before that one has to enroll as a company (with a proof of Article of Corporation, DBA, etc) to have surrogate name appear in iTunes. Can one now enrolls as individual with DBA and have the surrogate name appear in iTunes?
I was a bit confused with your explanation (I wasn't able to download your screenshots to clarify what you meant; it kept ask me to log in even though I have logged in). I noticed that you ended up with "ChallTech" as the seller name for your app. You said you ended up applying as individual, yet you can still have your surrogate name (instead of your real name) to appear as the seller name. How do you that? I thought before that one has to enroll as a company (with a proof of Article of Corporation, DBA, etc) to have surrogate name appear in iTunes. Can one now enrolls as individual with DBA and have the surrogate name appear in iTunes?
Thanks.
Yes, I have enrolled as an individual but my name in iTunes appears as ChallTech as I explained above. I have a 'DBA' but Apple did not require me to submit it for what I was doing. Its a good idea to have one though, just for legal reason. I hope this screenshot will work, it explains it a little more clearly.
Yes, I have enrolled as an individual but my name in iTunes appears as ChallTech as I explained above. I have a 'DBA' but Apple did not require me to submit it for what I was doing. Its a good idea to have one though, just for legal reason. I hope this screenshot will work, it explains it a little more clearly.
Apple wont let you advertise that you have a "company" selling these apps rather than the individual that you are for legal reasons. You really should set up a legal entity anyway because if one of your users feels you ripped them off or your app hurt them in some way, then they may end up suing you (legitimately or not). If they somehow win in a court then they may be able to take your home, your car, etc. If you have actual legal protection, for example in an LLC, then they cannot go after you personally.
:
There is a default EULA that applies to all apps distributed on the App Store. I can't imagine a scenario in which one could take your home, car etc. Am I wrong?
There is a default EULA that applies to all apps distributed on the App Store. I can't imagine a scenario in which one could take your home, car etc. Am I wrong?
I think the odds of being sued by an end user are pretty low, but hey, anything's possible. A EULA won't stop you from being sued -- it may protect you from losing, but the legal costs for defending yourself may be high anyway.
I think it's much more likely that a developer would be sued by another company over IP issues. There are a ton of apps out there that blatantly rip off images or sounds from other sources, and of course no EULA will protect you if you violate someone else's copyright, trademark, or patent.
Yes, I have enrolled as an individual but my name in iTunes appears as ChallTech as I explained above. I have a 'DBA' but Apple did not require me to submit it for what I was doing. Its a good idea to have one though, just for legal reason. I hope this screenshot will work, it explains it a little more clearly.
Chris - I think I'm confused here... I am also registered as an individual and would love to use a different name to sell, however have never seen an option to change it when submitting an app or in iTunes connect - where is this?
Could you possible put up another screenshot or instructions on how to do this?
Chris - I think I'm confused here... I am also registered as an individual and would love to use a different name to sell, however have never seen an option to change it when submitting an app or in iTunes connect - where is this?
Could you possible put up another screenshot or instructions on how to do this?
I was prompted with the question to choose a name to distribute under in iTunes Connect the first time I uploaded an app. I can't remember exactly what it said, but the dialogue did say that I would not be able to change the name later. So you might be out of luck unless you contact Apple and request a change.
Apple no longer taking DBA or fictitious business name to enroll in iPhone Dev Prgrm?
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