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If you want to change your name, there are a few restrictions that you should be aware of. Those limitations are:

• You may not legally change your name for fraud in order to get away with something or do something illegal such as avoiding debts, keeping from being sued or getting away with a crime of any kind.
• You can’t change your name to interfere with the rights of other people which usually means that you want to change your name to that of a famous person with the intent to mislead others. Most judges will not allow you to change your name to that of a famous person unless you can convince them you have reasons that are completely unrelated to the famous person and are reasonable in their own rights. Therefore, you can not change your name to “Brad Pitt” or “George W. Bush” without good cause and reasons.
• You can not change your name to one that would be deliberately confusing, such as punctuation or a number. You can not name yourself “9” or “VII” or even “!”.
• You can not change your name to one that is a racial slur.
• You can’t change your name to anything that could be measured as a fighting word, which includes obscenities and fighting words or any word or words that may incite violence.

  There are many people in history who have odd names, and even names that have contained numerals, although most often they are spelled out completely. Even more people are beginning to name their children with proper nouns – words that are words in common English language but aren’t commonly used as names. Some prime examples are:

• Apple Martin (daughter of actress Gwyneth Paltrow and Chris Martin.)
• Bluebell Madonna Halliwell (daughter of ‘Spice Girl” Geri Halliwell.)
• Depressed Cupboard Cheesecake (The child of a couple in Kent, England.)
• Loser Lane (A New York Police Department sergeant.)
• Miroslav Šatan. (NHL Hockey Player – last name is pronounced Shah-tahn).
• Reverend Canaan Banana (The first President of Zimbabwe.)
• Peerless Price, (A wide receiver for the Buffalo Bills).
• Picabo Street (Her first name is pronounced it “Peek-a-Bow”, not “Peek-a-Boo” and she is an American skier.)
• Poppy Montgomery, born Poppy Petal Emma Elizabeth Deveraux Donahue. (An Australian-born actress who starred in the television series the. Poppy’s family has some odd names too – her brother is named Jethro Tull, and her sisters are named Rosie Thorn, Daisy Yellow, Lily Belle and Marigold Sun.
• Yahoo Serious (An Australian actor known from the television show Young Einstein.)

While it may seem ‘interesting’ to name your child or change your name to something a little odd, there are some names that will be rejected by the courts, even if you are naming a new born child. It’s best to familiarize yourself with the laws surrounding name changes to ensure that the name you want to change yours to is allowed by the state. In most states, you can just assume a name without being required to go to court, however not all states uphold that federal law.

There are a few ways that you can legally change your name, and any one can change their name; however there are a few restrictions to watch for.

You can change your name to your common law spouse’s last name by usage only, which means you just start using the name with no court action and at no cost to you for lawyers fees. However, in order for government agencies and private companies, such as banks, you will need an official court order that changes your name before they will accept it.

After a divorce, if you are changing back to your maiden name, you can usually just begin to use it. You will need to provide proof of your name change, such as a divorce decree and that should be enough. After a marriage, your marriage certificate is enough to warrant your name change. However, if you and your spouse are both taking on a new, different name for both of you, you will need to get a court order.

Regardless of how you change your name, either by court order or by simple usage, the most important portion of changing your name is telling others that you’ve taken a new name. It’s common procedure for all people to contact everyone and it may take some time, especially to contact businesses and other government agencies.

The steps of changing your name are:

Inform businesses and officials that you have changed your name. Ask them to change your name on their records.
Tell your family and friends that you’ve changed your name and to use your new one. It may take some time for those people closest to you to use your new name and some may even object to using it. You have to be both persistent and patient with family and friends.
Use your new name in school or at work. Introduce yourself by your new name to new people and businesses.

Changing your name doesn’t have to be a daunting procedure, even if you have to file for a court order. Changing your name does take patience, even if you don’t have to file with the courts. It’s not always easy though to have your old friends and close relatives to use your new name – it’s hard for them to associate your face with a new sound and in some cases they may fear that the person they know – the person who went by your old name – has somehow changed. It’s important that you are persistent with them, yet patient – it’s hard enough to get used to the concept and putting it into practice is a whole new ball game.

When you contact businesses, they may request a change of name certificate, a copy of your marriage certificate or a copy of the court order that changes your name. This is especially true for any government agency, and they won’t change your name on their records for simple use – you must have a court order.

If you are planning to change your name, there are a few things you need to consider. One of those things is the need for an attorney. It is important to consult an attorney regarding any legal matters, including changing your name.

Some of the documentation that is required to legally change your name can be quite complex. Having an attorney draw up the papers for you instead is wise as your attorney will understand all the documentation and how it is required to be filled out by the courts. Subsequently, your attorney should also explain to you the full effect of changing your name and all that will be required.

There are many reasons why people change their name – many do it because they do not like their original name while others do it for marriage and divorce proceedings. Still, others change their names to avoid harassment from other people and potential harm.

To change your name for marriage, you will need to change all of your accounts, your identification cards and important documents as well as your driver’s license. Many states require that you have a certified copy of your marriage certificate in order to change your name on any government documentation, such as driver’s licenses and Social Security Cards.

If you are changing your name after a divorce, the easiest way to do it is to have the judge that handles your divorce restore your maiden name. Be sure that you receive a few certified copies of the documentation as many states require that you have certified copies in order to change your name on any government documentation, such as driver’s licenses and Social Security Cards.

There are also instances in where a parent would want to change a child’s name which usually occurs when the mother remarries. Child name changes are often granted by the courts after the judge reviews competing interests, such as:

The length of time the child has used the name
The mother-child relationship
The need of the child to feel apart of and identify with a new family unit created by marriage, and,
Balancing with the strength of the relationship the child has with the father.

If you want to change your name, there are a few restrictions that you should be aware of and your attorney can help you figure out if your name fits within those limitations. The generalized limitations are:

You may not legally change your name for fraud in order to get away with something or do something illegal.
You can’t change your name to interfere with the rights of other people.
You can not change your name to one that would be deliberately confusing, such as punctuation or a number.
You can not change your name to one that is a racial slur.
You can’t change your name to anything that could be measured as a fighting word.

Hiring an attorney to help you with your legal name change is always a wise move, in order to ensure that your name change will be fully and legally binding.

The costs associated with changing your name legally are wide in variety and depend on the avenue that you choose.

If you choose just to assume a name, the costs are limited to only the charges you will incur from businesses, credit card companies, etc., to change your name on their accounts and have new cards issued to you.

If you choose to legally change your name with a court document, the costs rise a bit, however they too also depend on the avenue you choose.

If you plan to fill out the court order documentation yourself, you can change your name for the cost of filing paperwork with your local court, which can be as little as one hundred dollars.

However, if you change your name using an attorney, you can expect the bill to be higher, usually around a thousand dollars for all their work.

On top of the costs to change your name legally with the courts and / or with a lawyer, you will also have the costs of changing all of your documentation. The documentation you will need to consider changing include:

Your driver’s license Your credit card accounts Your bank accounts Your Social Security Number and Card Your Birth Certificate Any of your ‘point cards’ from stores Your accounts at stores Your online accounts Internet usernames Internet sign up information Your business cards And more.

Many of the documents that you will need to have changed will incur a fee for you as well. You may also have to pay for a certified copy of your legal name change certificate or marriage certificate to prove that your name has legally been changed. Many states, as well as businesses, require that you have certified copies of your name change documentation in order to change your name with them.

Don’t forget that there are legal restrictions to what your name can be, as well, you may want to consider the length of your new name as well. In some instances, if your name is too long, it will not fit on your credit card or even your driver’s license. Many women and men are hyphenating their last names to reflect a new family unit. However if both last names are 15 letters long that can total 33 spaces on a card, not including your first name, and if your first name is exceptionally long, you may want to consider revising your name choice. The basic restrictions on name changes are:

You may not legally change your name for fraud in order to get away with something or do something illegal. You can’t change your name to interfere with the rights of other people. You can not change your name to one that would be deliberately confusing, such as punctuation or a number. You can not change your name to one that is a racial slur. You can’t change your name to anything that could be measured as a fighting word or profane word.

Upon arrest with intent for interrogation, police in the United States are required to read a suspect their Miranda Rights so that they understand what they are allowed to do and how their subsequent actions might affect them. The Miranda Rights are composed of four major factors that each suspect is to be made aware of before being brought into jail.

The right to remain silent

This is the right that everyone remembers; in fact the one that started the whole Miranda Rights ball rolling in the first place back in 1963. Suspects placed under arrest must be made aware of the fact that if they say anything after being placed in handcuffs it can be used against them when the case comes to court. It sounds like a simple thing, but in 1963 when Ernesto Miranda confessed to kidnapping and rape upon his arrest his conviction was overthrown when he claimed he didn’t know he was allowed to keep quiet. The right not to incriminate yourself is a very useful one to know if you are ever placed under arrest.

You have the right to an attorney

Legal aide is always advisable following arrest, and if you do not have a lawyer then one can be provided for you by the state. If you are unsure whether legal representation is needed, you should be thinking about all the things you don’t understand about the legal system and how being without that information might easily hurt your chances in court. A lawyer will be able to tell you things you didn’t even know you should be considering, and also they will be able to help you make good decisions about the things you say to the police and investigators.

If you are not a United States citizen you may contact your consulate prior to questioning

For any people not actually permanently residing within the United States, arrest can be even more stressful than it would be with an American citizen. To fully understand your rights within the US legal system as a foreigner it is best that you speak with your country’s representatives and perhaps find out if you can have the trial set at home or if you can at least serve time at home if it comes to that.

With these rights in mind do you wish to speak to me?

A suspect must make it clear whether he or she has understood the Miranda Rights, and in some places a clear ‘yes’ must be heard before moving forward with the arrest. Arresting officers have had evidence thrown out of court because they failed to ensure the suspect understood their rights, and also for failing to deliver the Rights in a language the suspect could understand.

In 1963 someone named Ernesto Miranda was convicted of kidnapping and rape, prosecutors only using his confession as evidence and presenting no other information to the court. Miranda had confessed to his crimes upon arrest and it was this information that proved to be the only bit of evidence needed to convict him. The problem was that upon review, the man realised that he hadn’t actually been required to say anything at all upon arrest; in fact that he might have stayed silent and remained free and out of jail. His lawyer explained that his legal rights were different than he had expected and once Miranda realised this, he was determined to bring the misunderstanding to light. He knew that if he put pressure on the right people, with the help of his lawyer he could perhaps change the outcome of his conviction.

It seemed the problem with Miranda’s arrest was that he believed upon arrest he was required to plead innocent or guilty – he confessed that he was guilty and thought the legal process was effectively over. He didn’t understand that in the United States people do not have to make any kind of plea until actually presented with the question in court, and this mistake would change the way American cops would conduct their arrests entirely in the following years. Miranda felt that he should lobby to have these rights made known to any person being arrested so that they would know exactly what was expected of them and what they need not do. This was by no means a charitable act on his part; Miranda was simply looking to have his own conviction overturned.

Subsequent to his first conviction, Miranda fought to have the confession ruled out because of his initial ignorance to the fact that he didn’t need to incriminate himself. The conviction was actually thrown out of court and he found himself facing another trial without the confession as evidence. Fortunately the prosecutors brought in enough other evidence to reconvict him and in the end Miranda served eleven years in jail for his crimes. Because of the fuss he made over his own willingness to confess, police nationwide are all required to state that an individual need not say anything to incriminate themselves as they are being arrested. This is known as being read your Miranda Rights.

Ironically, when Ernesto Miranda was killed years later in a knife fight, his killer was read his Miranda Rights before being brought into jail. Since the 1960’s the issue of Miranda Rights has been revisited time and again since many people feel it is unnecessary to tell people they don’t have to say anything that will hurt their chances in court; in fact it seems common sense to most and a waste of time to many police officers. Nevertheless, in 2000 the Supreme Court maintained that reading of the Miranda Rights during arrest was necessary and would lead to fewer overturned court cases due to the professed ignorance of a suspect.

Initially, Miranda Rights were established in the United States following the trial of one Ernesto Miranda in 1963 – Miranda confessed to rape and kidnapping and was convicted based on this confession. He later learned that under US law he was actually not required to have spoken to the police upon his arrest, and he claimed that with this knowledge his case might have turned out differently. The court overturned the conviction on this basis and although Miranda was convicted for a second time in 1966 without the confession being used as evidence against him, he forever changed the way police perform arrests pertaining to interrogation. Since then, arresting officers in the United States have been required to read a suspect their aptly-names Miranda Rights during arrest if the suspect is to be brought in for questioning.

Since Miranda Rights, strictly speaking, were created to convey an individual’s rights not to incriminate themselves when under arrest, this is the major focus of the reading today, however other factors have been included in the reading to ensure that American citizens under arrest are aware of other rights given to them.

Specifically, the right to obtain legal aide is mentioned in the current Miranda readings so that anyone who is placed under arrest knows that legal aide is available to them even though they might not be able to afford it. This is very important because without a proper legal representative many people don’t understand their position within the justice system and try to argue their way out of arrests and trials without knowing what damage they are doing to their criminal record or their chances at leaving court without being convicted. A lawyer will know what you should be saying to the police, what information you should give and what questions you should not be answering and because of this it is always advisable to seek legal counsel. Without widespread use of the Miranda Rights people would be unaware of how best to deal with an arrest.

With the influx of immigrants over the past several decades, it also became necessary to add a line for those people who are not actually US citizens: “you may contact your consulate prior to trial”. Along with this it is now necessary for arresting officers to read the Miranda Rights to a suspect in a language that they will understand – failure to do so means that any information gained from the suspect after arrest will be thrown out of court because the suspect did not understand their right not to incriminate themselves.

The biggest milestone for the Miranda Rights was in 2000 when the Supreme Court decided to continue a practice that many consider part of the American culture. Most countries have some version of the reading that takes place during arrest, but none are so well known as the Miranda Rights.

The Miranda Rights were created in the United States, and this is the only country that will use this specific method to inform people under arrest of what their immediate rights are pertaining to arrest. Other countries, however, do have similar readings to be made during arrest so that their citizens are also aware of their immediate rights; while the American version weighs in mostly for the fact that a suspect need not say anything to convict themselves, foreign versions have other focuses.

In Canada, for example, upon arrest a person will be told of the reasons they are being placed under arrest, that they have the right to obtain a lawyer through the state, and that they will have their arrest reviewed in relation to habeus corpus and if it is found to be unlawful, they will be immediately released. The right to legal aid is the key factor here, because in obtaining a lawyer a suspect will then have access to all the information concerning their rights that it is possible to have. Police understand that a suspect can’t be told every single right upon arrest because it is simply unfeasible. Because of this the focus falls to legal aide and if a person cannot afford a lawyer one will be provided for them if they so choose.

In Australia, the caution given upon arrest is most similar to the American Miranda Rights. A suspect is placed under arrest and simply told that they may speak if they wish, but that if they do so whatever they say might be used in evidence. This is a very straightforward method of arrest that takes its cue from the United States, and actually police make no other major points in their arrests aside from this. As Australia uses a form of English Common Law, it is not surprising that the caution used in England and Wales is quite similar.

English and Welsh versions of the Miranda Rights also focus directly on the right of an individual not to incriminate himself. Any version of “you don’t have to speak but if you do whatever you say might be taken down and evidenced against you” will suffice, and this is the main point of the caution. In other European countries, however, much more information is required of the arresting officer while making an arrest.

In France, for example, someone being placed under arrest must be told a large number of rights such as the right to be seen by a doctor, to receive legal aid, to remain silent, to make statements and to answer questions and to inform family members of their whereabouts. The rights must be read in a language that the suspect can understand.

Germany arresting officers need to inform their suspects of their rights to remain silent, speak with a legal aide, divulge information concerning evidence in their favor and they must also be told of the crime with which they are charged.

Every country has taken its own spin on the Miranda Rights but the overwhelming point is, no person should be arrested without understanding exactly what is going on and what is expected of them.

In order to determine if an LLC is the right company structure for you, it’s important to learn what precisely an LLC is. While it is easy to get an LLC, or limited liability company, mixed up with a corporation, it would be a mistake to do so. The terms aren’t interchangeable and unless you realize why this is, you might as well pick a company structure out of a hat!

Basically, an LLC features the best of two worlds: it’s part partnership and part corporation. The owners deal with profits, losses, and taxes directly, yet the company isn’t rendered a separate entity – except in the sense that liability is taken off the shoulders of its members. The LLC structure avoids some of the bureaucratic and tax problems that corporations face, but because it is so new to the United States, it still has a few hiccups and isn’t always best for large-scale companies.

Benefits of an LLC structure:

· No double taxation! Because of the partnership setup, wherein the members are focused on more directly by the government, there is pass-through taxation. An LLC can be taxed as a corporation, however, if its owners so choose.

· Less paperwork and less meetings! This is probably one of the brightest aspects about an LLC. Because it is unincorporated, there are a great deal less “requirements” of it. Those operating an LLC have significantly more control over how they choose to manage the company.

· An LLC has the same basic perk of a corporation – limited liability. Limited liability is where its at, and as implied in the name – “limited liability” company, you get this too.

Why an LLC structure may not be ideal:

· Some LLC’s simply can’t escape a heavy tax burden because of the state they’re in. Many states, including New York, Texas, and California, greet LLC’s with a frustrating franchise tax.

· LLC’s are often strange and foreign sounding to people. Shareholders, members, and even local legislatures aren’t quite used to LLC’s yet. While LLC’s have been popular in other countries for years, they’re relatively new to America. This means that investors are not always attracted to LLC’s, members don’t always know what to do with themselves and are often confused about what their roles are, and because there aren’t as many rules, LLC’s are more vulnerable to falling apart.

· In some states, the laws are such that an LLC is pointless and the end goals of avoiding double taxation and protecting its members are impossible.

So is an LLC the right structure for you? For small companies with leaders who are good at making up their own rules, an LLC is recommendable. However, if your company is unfortunate enough to be in a state that is slow to reward LLC’s, it could be the kiss of death to your business success. For bigger companies that may benefit from the simple organization of a corporation or for companies trying to succeed in states that aren’t friendly to LLC’s, the conventional corporate structure is a better fit.

The bottom line is: LLC’s are right for some and totally wrong for others

The limited liability company, or LLC, is a new concept for businesspeople in the United States. Internationally, LLC’s are fairly common. However, investors, employees, and lawmakers aren’t always quick to warm up to such a structure in America. Let’s clear up some of the misunderstandings and confusion about LLC’s and hopefully we can figure out what an LLC is all about in the process! Here are frequently asked questions about the topic; chances are you’ve stumbled upon the same ones in your own thought process.

How does an LLC differ from a corporation?

LLC’s resemble partnerships or sole proprietorships in that they feature advantageous pass-through taxation. Economically, they make a lot more sense! But they also have the benefit of limited liability for their members, just like a corporation. Basically: the LLC is not a separate entity from its owners but its owners are still protected from personal liability. No double taxation and no liability – LLC’s are hybrids of a partnership and a corporation.

If LLC’s are so great, why would you not structure your business in such a way?

Simply put – LLC’s are like the new neighbors; a lot of people don’t trust them. Shareholders aren’t as eager to invest in them. Members get confused about what LLC means for them (they aren’t forced by the state to be organized in any standard way). More importantly, in many states, an LLC becomes almost a corporation by default. Franchise taxes and other restrictions haunt many LLC’s because lawmakers aren’t as willing to give them more freedom and tax benefits than typical corporations.

Do you need more than one owner to form an LLC?

Nope – you only need one member!

Is it hard to form an LLC?

It’s quite easy to form an LLC. In most states, you simply have to fill out an “articles of organization” form and pay a fee. If you already own a partnership or sole proprietorship, it’s easy to switch over to an LLC. Some states have further requirements, however, and you’ll want to research this on your own.

Can an LLC be taxed like a corporation?

If you so choose, the LLC can be taxed as if it were a corporation. This benefits LLC owners who want to keep more of their profits.

Is an LLC in Texas the same as an LLC in Maryland?

Not at all. LLC’s in some states will thrive, while in other states, they might die. Local laws regarding LLC’s, especially when it comes to the issues of taxes, are highly variable.

As the years pass, LLC’s might become more and more appealing. The reverse situation could occur, however, if legislatures only become more and more restrictive and consequently make the LLC structure meaningless, as all its advantages will be offset by fees and regulations. However, if shareholders and businesspeople can wise up to the benefits of LLC’s, they’ll probably just grow in popularity.

You’ve taken a step in the right direction by reading this article. Your next step will be toward a corporation or an LLC; it’s a very personal decision that depends entirely on the unique character of or your company and your state’s laws.