Saturday, February 17, 2024

How Do I File A Dba In New York State

How Do I Choose A New York Dba Name

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Select a name that reflects what your small business is or its brand personality. Also, look at choosing a DBA name that is easy to spell, memorable, and gives consumers a good sense of your overall branding.

Try to find a name that is unique to your county, if not the entire state of New York. In this way, you will have an advantage, as you will stand out among your competitors. However, its important to note that the state does not require the uniqueness of DBA names.

To ensure that your DBA name is available, you can conduct a name search using the Department of State Division of Corporations, State Records, and UCC Database. It is also a good idea to check for any state or federal trademarks. Trademark law will supersede DBA name law, so it is important that you dont infringe on someone elses trademark. You can conduct a federal search using the United States Patent and Trademark Office database.

Be aware that several legal business designations are not allowed, such as Corporation,Limited, and Limited Liability Company. Entity designators and their abbreviations can be misleading to those you do business with, and the state does not allow these name additions. Further restrictions on name choices are also available to guide your DBA name choice.

What You Need To Know Before You File For A Dba In New York

Before filing a DBA in New York, you will need to form your business in New York. Its most common to see sole proprietorships or partnerships submitting requests for a DBA, but any business structure can do so. Youll likely need to be in good standing with the state of New York to show you can legally conduct business.

Although filing for a DBA in the US is a similar process for all states, each state has different DBA filing requirements, so heres what you need to know about New York DBA.

Importance Of Filing A Dba

A proprietor in New York State cannot open a bank account with an assumed name unless he or she files a DBA with the state. Filing a DBA also enables the proprietor to file a lawsuit should any business use his or her registered Assumed Name. On top of that, a DBA name enables the business owner to legally engage in contracts, stationary, and advertising.

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File A Dba In Ny For A Sole Proprietorship Or General Partnership

General partnerships and sole proprietors are required to file their New York DBA with the County Clerk in the county that their business is located. Estates and real estate investment companies are also required to file with the county.

A general partnership is a business formed by two or more people, without a formal business structure. A sole proprietorship is a business owned by a single individual that isn’t formally organized. In either case, the name of the business is the same as the name of the owners. A DBA can be useful in these cases for changing the name of the business to a more marketable name.

A DBA is only used for branding. A DBA doesn’t offer any protection for your personal assets in the event that your business is sued. For this reason, we strongly recommend that a DBA should only be used by a formal business structure such as an LLC or corporation for the purpose of adding new brands to an existing business.

If you are running an informal business , we strongly suggest forming an LLC to separate your business and personal assets. The name of the LLC can be selected to act as the brand name for the business.

Use our How to Get a DBA in New York guide below to register a New York assumed name for your business. For a look at DBA filing in another state, check out our other step-by-step How to Get a DBA guides.

Choose A Registered Agent

File a DBA in New York City, NY

A registered agent is an individual or business entity responsible for receiving important legal documents on behalf of your business. A member of your LLC may act as a registered agent or you can hire a professional service to fill this role.

While hiring a registered agent service incurs an additional expense, it offers several advantages from increased privacy and convenience to peace of mind.

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Start With A New York Assumed Name Search

If you haven’t already, head over to the New York Department of State website to make sure your name isn’t taken by or too similar to another registered New York business.

TIP: Our business name generator tool is a great resource for entrepreneurs who are still working to create the perfect business name or website address. You can also use our free logo generator tool to make a logo yourself! No design experience necessary!

Next, make sure your name complies with New York naming rules:

  • Your name cannot include words that could confuse your business with a government agency
  • Restricted words may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your business.

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Once you reserve a domain name for your DBA, consider setting up a business phone system to help strengthen your customer service and boost credibility. We recommend Phone.com because of its affordable pricing and variety of useful features. Start calling with Phone.com.

Will Using A Dba Name Affect How My Business Is Taxed In New York

A DBA name does not give you specific legal rights. A DBA name is simply another persona under which to operate your business. Having a DBA name also doesnt change how you are taxed at the local, state, or federal level. You can read more about the different business structures, DBA name requirements, liability, life span, and taxation here.

ZenBusiness experts are on standby to assist you with business formation in New York. Business formation support, together with compliance, means your business dreams are always in good hands.

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Use Your Dba Name In New York

After youve worked out the details of your New York DBA, youll want to get the word out about your new business or the change youve made to an existing businesss name. Your new DBA in an official context takes your venture to a new level and speaks clearly to a sense of professionalism.

Whether New York requires you to publish your fictitious name in an official manner or not, local newspapers hold the ability to get your new name out there. Contact your county clerks office to uncover information on any rules youll need to follow regarding duration and content.

Most newspapers are well-versed with local publishing requirements and likely have a template for these types of ads. Its up to you to supply your businesss legal name, the DBA name youre planning to use, and contact information for your company.

Costs will vary depending on the frequency of your publication and the county you work with. Upon settling terms, verify the dates your company will appear in the paper and make sure to check it gets published correctly. If your information is missing or incorrect, youll want to let the newspaper know immediately.

Step 4 Maintain Your New York DBA

While a few states dont require any sort of renewal, a majority do. A New York DBA is only valid for a certain number of years, and before it expires youll need to submit a new DBA New York application through the same method you did the first time around.

How To Change A Ny State Dba

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After filing a DBA in New York, you will be able to conduct under the said name. Now, if in the near future, you want to change or alter the fictitious name then, are there any ways you can do it? Yes, it is possible. You will be required to file a Certificate of Amendment for the assumed name certificate in New York. The filing of the Certificate of Amendment is governed by Section 130 of NY General Business Law. There will be a filing fee of $25 for this amendment and you can even expedite this process by paying an additional fee.

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When Do You Need A Dba In New York

A business name is important to any company and if you are wondering how to find a DBA in New York or file such a name then it is important to understand if your business really needs a fictitious name. The reason to opt for a DBA can vary from one business to another. Some of the common reasons for filing a DBA in New York are:

  • Type of business entity Every business has a true name or a legal name. Some forms of businesses, especially unincorporated business structures like general partnerships and sole proprietorship businesses, the legal name is the name of the business owners. Most often than not, these businesses prefer to get a DBA in New York instead of using the owners name.
  • Several businesses When you form a new business, the primary objective is to achieve growth. When a single business expands, it can branch off into multiple businesses depending on the products or services being offered. In such a scenario, you can apply for a New York DBA online to help in keeping each of the businesses separate and also avoid the need to register each company.
  • Business Bank Account While opening a business bank account you need to check the bank account opening requirements. There are many banks that require a copy of your DBA or assumed name certificate in New York for opening a business bank account.

Setting Up A Dba In New York

Before filing for a DBA in New York, you must first verify that the name you wish to use is available.

Certain words and phrases should be avoided. Corporate, Incorporated, Limited, Limited Liability Company, and Limited Partnership, as well as their abbreviations, are not allowed in a fictitious name.

If you need to know whether or not a particular word can be used on a certificate of the assumed name without special permission from the Secretary of State, you should do so.

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Locate The Correct Office Where You Will File

In New York, sole-proprietorships, general partnerships, and limited liability partnerships file their Certificate of Assumed Name at the county level. All other business entities need to file the DBA form with the New York Department of State. Here are some additional resources on the state website on where to file a Certificate of Assumed Name in New York:

How To File A New York Dba In 2022

How To Transfer A Dba In New York

Are you a New York business owner who wants to be able to operate your company under an assumed name? If so, consider acquiring a doing business as name.

How do you obtain a DBA name for your New York company, and how are you allowed to use your new name? In this guide, well walk through every detail of the DBA acquisition process in this state.

Protect Your Assets. Find Your Zen.

Its important to understand that a DBA does not offer asset protection as the LLC does. That said, many entrepreneurs choose to directly form an LLC instead, which can be done on your own or through our LLC filing service.

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Differences Between A Dba And An Llc

At first glance, a DBA may seem similar to a limited liability company . After all, the acronyms are often discussed together and both let you conduct business using an identity other than your legal name.

However, this is essentially where the similarities end. DBAs are fictitious namesnot business structures . Meanwhile, an LLC is a formal business entity that is legally separate from its owners. It allows owners to avoid liability in the event of a lawsuit or other attempts to go after their private assets. LLCs also have tax advantages for some business owners.

If you require more than just a legitimate alias, you might want to consider an LLC or another formal business structure. Otherwise, a DBA is usually good enough to legitimize your chosen trade name.

How To File A Foreign Nys Professional Limited Liability Company

Checklist of Requirements: Filing a Foreign NYS Professional Limited Liability Company

This professional entity was originally established outside of NYS and is now seeking to provide professional services in NYS, and can provide multiple professional services .

Please be advised that all members/managers must be licensed in NYS and your home jurisdiction.

You must submit the following documents:

  • Application for Authority under Section 1306.
  • Certificate of Incorporation/Certificates of Amendment filed in original jurisdiction .Note: Please be aware that if your entity was originally formed to provide more than one profession, you must qualify to practice the same professions in New York State.
  • Affidavit listing all current member/managers. Our office defines as a member/manager anyone who has any type of authority or control of the entity or who shares the profits/losses of the entity. This includes the Chairman, CEO, Vice President and other officers of the entity.
  • Satisfactory evidence of licensure in original jurisdiction for each member/manager of the corporation. This can be verification from the licensing authority website or a copy of their license or registration.

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S For How To File A Dba In New York On Your Own

  • Filing a DBA in New York is simple! Before you register, do a simple search on the NY Department of State website to make sure your DBA is still available and that no one else has already filed for that name. Make sure your DBA doesnt violate the Department of State rules regarding acceptability of an entity name, some of which can be found here.
  • Once you have ensured that your name is not already in use or trademarked, it is time to complete and submit a Certificate of Assumed Name or the Doing Business As Certificate. This form must be completed and filed with the Department of State. Some of the information you’ll need to put on the form includes: the name of your business, the assumed name you wish to have, your business address and any counties where your company does business. Complete instructions to fill out the certificate in its entirety can be found here.
  • Submit the certificate and fee, along with additional county filing fees for the county or counties you will be doing business in. Your certificate and fee should be sent to: New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
  • Expedited processing is available, if needed, for an additional fee.
  • Perform A Name Search

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    Youll first need to determine if your desired fictitious name is available. Perform a public inquiry at the states official website. If in the area, you can also visit the New York County courthouse basement at 60 Centre Street in Manhattan.

    Out-of-state corporations and LLCs that are planning to register to do business in New York can reserve a fictitious name for up to 60 days by filing an Application for Reservation of Name. The filing fee is $20 and is made payable to the Department of State. If you need more time, you have the option to file a Request for Extension of Reservation of Name form. The extension costs an additional $20 and will let you hold the name for an extra 60 days.

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    After You Get Your Dba In Nyc

    After you set up a DBA in New York City successfully, thats it. There are no annual renewal requirements the trade name is yours for the foreseeable future. If you decide to cancel an assumed name for a corporation or LLC, youll file a Certificate of Discontinuance with the state and pay a $25 fee. Paperwork and fees for county filings may vary.

    New York Dba Filing & Registration

    A filer for a DBA must insert the exact name of the entity seeking the DBA, which can be found on the filing receipt issued by the Department of State when the entity was formed or by searching the Corporation/Business Entity Index.

    The filer must also check the appropriate box to indicate the law of New York State under which the entity was formed or authorized to transact business.

    The filer must then insert the entity’s proposed DBA name, as well as the address of its principal place of business, which may be an out-of-state address but not a post office box.

    The filer must also indicate the county or counties in which the entity does or intends to do business, and must insert the address of each location where business will be carried on under the fictitious name.

    Finally, the Certificate of Assumed Name must be signed on behalf of the entity by a corporate officer, a general partner of a limited partnership or by a member or manager of a limited liability company.

    In all cases the Certificate of Assumed Name may be signed by an authorized person for such entity, provided that person provides the name and title of the principal for whom he or she is acting.

    The filer must also insert his or her own name and mailing address so they can receive the receipt that evidences the filing.

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