What Is An Assumed Name
An Assumed Name, commonly known as a DBA or Doing Business As, Trade Name, or Fictitious Name is a name used by a business, that is different from the legal name of the business.
When a business wants to operate under a name other than their legal name, the state of New York, like most states, require the business to register their business name. The registration requirement was designed to protect consumers from business owners hiding anonymously behind the name of a business.
How Can I Withdraw My Nys Dba
Contact your county clerk for county-specific instructions for withdrawing your DBA for your unincorporated business.
For incorporated businesses, you will need to file for discontinuance of your assumed name with the NY Department of State. You can find the Certificate of Discontinuance of Assumed Name form here.
Filing A Dba In Ny With The County Clerk
If your business is a sole proprietorship or partnership, then you are required to file a business certificate with the appropriate county clerks office in order to operate under a DBA.
Knowing which county to file in is simple: you must file in any county where your business conducts or transacts business.
In New York State, ALL PARTNERSHIPS, whether operating under an assumed name or not, must register a Business Certificate for Partnerships with the appropriate county clerks office. Continue reading this section for instructions on completing this step.
We will give you step-by-step directions to get a New York County DBA . If you need to register your DBA in a different county than New York County, youll need to get in touch with the county clerk for the registration requirements.
You can find your counties’ contact information here.
Filing aDBA in NYC Contact Information:
Kings County– 404-9750New York County– 386-5955
How to File a New York County DBA
At this point, you shouldve already chosen a name for your business and completed the name searches in Step 1 above.
New York County suggests searching their assumed name records before you start the DBA filing process. Those records can be found at the New York County courthouse basement at 60 Centre Street in Manhattan.
Forms
- X-74 Business Certificate form for Partnerships
- X-201 Business Certificate form for Sole Proprietorships
You Must Submit Your Business Certificate In Person
Walk In Location
Payment
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Who Needs To Register For A New York Assumed Name
The requirements and need to register for a Trade Name vary, depending on the type of business entity.
Sole proprietorships and general partnerships are the most common entities to register for a DBA.
The legal name of a sole proprietor or partnership can be the owners full first and last name, which can be used without registering. For example, if John Smith starts a business repairing computers but doesnt use a business name he doesnt have to register. If John decides to name his business Johns Computer Repair then he will need to register.
Corporations and Limited Liability Companies wont typically register a fictitious name since a unique entity name is created during the formation process. Some will file for a DBA if they have another business they want to operate under their corporate/LLC umbrella to keep the liability protection without having to form another entity.
Decide If You Need To Register A Dba
The first step is determining if a DBA is right for you. There are a few common situations where registering a DBA makes the most sense:
- Sole Proprietors: Let’s suppose Jane Smith is a graphic designer doing work as a sole proprietorship . She may wish to conduct business with her clients as “Designs by Jane,” as well as open a bank account and accept checks under that name. Filing a DBA for the name Designs by Jane would allow her to do so.
- LLC/Corporations: In the case that you have already filed an LLC or Corporation for your business, you may register another name for your business with the state. Let’s say you filed an LLC for your auto repair business under the name “L.A. First Auto Repair” but have decided to expand your business into auto detailing. You could file a DBA for “L.A. First Auto Detailing” as a second name for your business. Doing this ensures you keep these two separate business activities distinct.
- LLC/Corporations: In New York, your corporation or LLC’s full legal name may include an indicator . If your company’s full name is “Doggie Day Care, INC,” but you wish to operate your business as “Doggie Day Care,” you would file for a DBA without the indicator.
Tip:
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Should You Hire A Dba Service
Would you rather pay a reasonable fee to a business services company and have them register your DBA on your behalf? While you can certainly save some money by doing it yourself, its nice to have the peace of mind that your new trade name was registered by a professional who really knows what theyre doing.
Here are a few of our favorite services for DBA registrations, all offering the same low price point of $99:
- IncFile: IncFile is one of the best business service providers available, and their DBA service is top-notch. IncFile receives tremendous customer feedback, with thousands of positive reviews all over the web. They also have plenty of experience, as theyve been around since 2004 and theyve formed more than 250,000 businesses.
- LegalZoom: LegalZoom actually has two different packages for DBA services, as their $119 Premium package includes a trial of their Business Advisory Plan. LegalZoom is one of the biggest names in the industry, and theyve served millions of customers. Its hard to argue with a track record like that!
- Swyft Filings: Swyft Filings really lives up to their name, as theyre one of the fastest business services companies youll ever find. Not only do they have some of the industrys quickest turnaround times, but they also say that you can fill out their entire DBA application in as little as 10 minutes.
Can Someone Steal My Business Name
While registering your Trade Name will keep someone else from registering the exact same name in New York, it does very little from someone else operating a business under that name in other states. If stopping others from using your business name is important, you can protect it through a trademark.
Related: What is the difference between a trademark, copyright, and patent?
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How Do I Choose A New York Dba Name
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.
Office Of The Internal Revenue Service
The local office of the Internal Revenue Service is located at: 999 Stewart Ave.
Bethpage, NY 11714Ph: 800-829-4933 / 516-576-7428
New York State Sales Tax
For information concerning the collection and filing of sales tax, contact: New York State Department of Taxation and Finance
Sales Tax Registration
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The Process Of Filing A Dba In New York
Filing a DBA in New York starts with determining that the name you have chosen for the assumed name is not presently in use. In addition, your assumed or fictitious name cannot use specific words and phrases like Limited Partnership, Limited Liability Company, Incorporated, Corporation or their abbreviations.
Register An Assumed Or Fictitious Business Name
Many small businesses don’t simply operate under the names of their owners. Instead, they operate under a business name. In addition, some businesses, such as corporations and LLCs, may originally register with the state under one name , but later choose to operate under another name. Depending on where you’re doing business and how your business is structured, this alternative business name technically may be known as an assumed name, a fictitious name, a trade name, or a DBA . New York corporations, LLCs, and limited partnerships using an assumed name must file a form with the state. Other business entities that use an assumed nameâsuch as sole proprietorships and general partnershipsâmust file a form with the county clerk in each county where the entity conducts business.
Example: Donna originally organized her car repair business as a New York corporation named Donna’s Great Garage, Inc. She now wants to operate the business under the name Southern Tier Foreign Auto Repair, Inc. Donna must file a Certificate of Assumed Name, along with the filing fee, with the DOS.
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When Is Filing A Dba Required In New York
A DBA is required whenever a business is operating under a name other than its legal name. In the case of a sole proprietorship, you will need a DBA if you are operating under a name other than your own personal name. Partnerships in NY must always file a DBA in all counties where they transact business.
S For How To File A Dba In New York On Your Own
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Sole Proprietorships & Partnerships
Step 1 Verify Name AvailabilityBefore filing a DBA, county records need to be searched to be sure no other business is using the name. Most of the counties have an online database to quickly search through.
Step 2 Obtain the FormA form has to be obtained from every county where the business will operate.
Step 3 Fill out the FormInformation requested on the form includes:
- Name and address of owner
- Age certification
- Assumed name
Step 4 Notarize the FormBefore filing the form, it needs to be notarized. Most County Clerks offices have a notary on site at no cost.
Step 5 Submit the FormSubmit the filing fee and form to the County Clerk.
How Much Does Registering A Dba Cost
“The fee will vary by state, but it is typically between $5 and $50 ,” Babbitt said, although it can be up to $100 in some states. “While the cost to register is insignificant, the penalties and fees for failing to register can be several thousand dollars. This is a function of consumer protection. The state wants to know who to contact when a consumer complains. While this is usually handled when obtaining a business license, some states do not require business licenses. Almost every state requires DBAs to be registered.”
While there’s no numerical limit to how many a person can register, it can get expensive if you register multiple names.
Alabama, Arizona, Nebraska, Oklahoma and Rhode Island are the only states that don’t require everyone operating under a DBA to register, but it’s best to check with your state about the local requirements.
Did you know? The filing fees for DBA registration vary by state, running from $5 to $100. Depending on how much you are willing to spend, you can register for as many as you want.
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How Do I Change My Dba In New York
To make changes to your certificate of assumed name, you must complete and submit the Certificate of Amendment of Certificate of Assumed Name form.
For most changes, visit the County Clerks office to complete an amendment form and pay a filing fee. Contact your county clerk for county-specific instructions for changing your DBA at the county level.
Conducting Business In Other Counties
If you plan to conduct business in other counties, you must file your business name with the clerk of each of those counties. Opening the Business
Once your business certificate is filed, you may conduct business within the county. However, there may be other municipalities and authorities you may wish to contact to ensure that you are complying with all federal, state, and local obligations. The County Clerk’s Office is not a licensing agency. You may visit other sites, including the Department of Consumer Affairs and New York State Department of Education for more information.
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Filing Your Certificate Of Assumed Name Ny
If your business is incorporated, you are required to set up your DBA with the New York Department of State.
First, print a copy of the certificate of assumed name form. The application will ask for your new DBA name and information about your business, such as:
- Line 2: Your business entity type, ie. corporation, LLC, a general partnership.
- Line 4: Number and street of your principal New York business location or out of state address for foreign entities.
- Line 5: All counties where you do business or intend to do business.
- Line 6: Number and street of all of your New York business locations where you transact business.
A DBA does not offer any protection for your personal assets in the event that your business is sued. For more information on setting up an LLC , visit our How to Form an LLC page and select your state.
Submit Your Certificate of Assumed Name Form
Walk In
New York State Department of StateDivision of Corporations
474-1418
Include the and your written request for a certified copy, if required.
Payment and Fees
- $25 for the Certificate of Assumed Name
- $10 Certified Copy of Certificate of Assumed Name
- $150 2-hour processing, $75 Same day, $25 within 24 hours
Additional Fees For Corporations Only
- $100 for each NYC county where the business is or will be conducted within New York City
- $25 for each county where the business is or will be conducted outside New York City
- $1,950 to include every New York State county and the Certificate of Assumed Name combined
After Filing Your New York Dba
If filing a DBA marks the beginning of your business journey, then there are a few more steps that you should take before getting started:
- Create your Businesss Website – Every business needs a website. Luckily, drag-and-drop builders like GoDaddy and Wix make the job quick and easy. Check out our Best Website Builder article to find the tool thats best for you.
- Get your Business Finances in Order – Youll need to separate your business finances from your personal ones. This is accomplished by opening a business bank account. If your business has long lead times or other cash flow irregularities, you can also look into a business credit card.
- Protect Your Business – While an LLC will help to protect your personal assets in the case of a lawsuit, your businesss assets also need protection. Having the right business insurance will ensure that youre covered if the worst happens. Most businesses start with general liability insurance as their base coverage.
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What Is A Dba Used For
Registering for a DBA allows you to transact business under the fictitious name instead of your personal name. Your bank requires a DBA to open a business bank account. Banks often require sole proprietorships and the partners in general partnerships to have a DBA before they can open a business bank account.
Learn The Steps Required To Obtain A Business License In New York
By David M. Steingold, Contributing Author
Looking to start a small business in New York? You may need to obtain one or more state licenses or permits, or complete one or more kinds of state registration, as part of the start-up process. Here’s a quick look at some of the main informational resources available and a few of the steps you may need to take.
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