Filing A Business Name
Anyone who conducts a business under a name other than his or her own must file a business name with the County Clerk of the county in which the business is being conducted. To file a business name, you need to complete the necessary documents. These forms can be downloaded or obtained from most commercial / legal stationery stores and attorneys. Some of these forms include:
View a complete list of available forms.
Once the appropriate forms are completed and notarized, you may bring or mail them with the appropriate fee to: Nassau County Clerk’s Office
Division of Business NamesMineola, NY 11501
Certificate Of Doing Business Under Assumed Name
- – Need 3 copies for filing
- – Need 2 copies for filing
Please note the following:
Requirements & regulations are set forth in New York State General Business Law .
If the name requested is already in use or is misleading to the public the Clerk may refuse to accept it for filing. Proper forms are required and there is a filing fee of $25.00 . We recommend that you take two certified copies. Save yourself the trouble of coming back and take two with you. There is a $5.00 charge for each certified copy.
All signatures must be notarized. The Clerk’s Office has notaries on staff. Make absolutely sure the name used and other information given are exactly what is desired before filing. Once filed, the DBA cannot be changed without filing an Amended Certificate and an additional $25.00 will be required. Once filed the $25.00 is nonrefundable.
If and when the DBA is no longer needed you must file a Discontinuance of Business — no fee is required.
Sales tax information or number, if needed, are obtained at the Department of Taxation & Finance in Utica on the 9th floor of the State Office Building. Obtain State tax information by phone at #1-800-225-5829 or Federal tax information at #1-800-829-1040.
What Is A New York Doing Business As Name
DBA names are referred to as many things, such as fictitious name,trade name, or assumed name. New York officially uses the term assumed name.
Even though a DBA name is not an officially recognized legal entity, if you trade under a name other than your legal one, you must register it. The exception is general partnerships, which must file for an assumed name even if they plan to operate under their legal names. Also, a DBA name does not impact taxation. It is simply an alias under which your business can trade.
Often, two distinct business groups seek DBA names. These are:
- Sole proprietorships and partnerships: These businesses may want to use a DBA name to protect their privacy. With a DBA name, the business would be referred to as the alias instead of the owners personal name. However, keep in mind that general partnerships are required to file for an assumed name even if they plan to operate under their legal names.
- Corporations and limited liability companies : These business entities may want to use a DBA name to launch a new product, drop an entity designator, or use a name that more accurately represents their business.
Some of the advantages of trading under an assumed name in New York include but are not limited to:
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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.
Existing Corporations And Businesses
The Division of Corporations, State Records and Uniform Commercial Code Customer Service Counter in Albany New York is accepting documents that are dropped off. Customers can drop off any documents for processing. Documents that are dropped off will be returned to customers via mail.
The Department of State will accept in person legal process served on the Secretary of State or Department of State as statutory agent of a corporation or other business entity, by appointment. For service of process issues, including the scheduling of an appointment, please call 518-473-2492 so that arrangements can be made to effectuate service.
Customers are encouraged to use the online filing system available on the Department of State’s website to form business corporations and limited liability companies.
All other services can be mailed to:
Department of State
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What Is The Purpose Of Dba
A business might choose to utilize a DBA for any number of reasons. Here are a few benefits that DBAs can offer a business:
- The option to open a bank account under the chosen DBA name.
- Added protection for your business from legal liabilities, such as trademark infringement and more.
- The flexibility to better market your business in a particular industry or niche, which can promote confidence in your partners and customers.
What Is A Dba
A DBA or doing business as is a registered pseudonym under which an individual or business operates. If youre a sole proprietor, a DBA allows your business to operate under an identity thats different than your legal name. If your business is an LLC or corporation, a DBA lets you use a different name while still keeping your same business structure. DBAs are also known as fictitious names, trade names or assumed names.
DBAs exist as an entirely legitimate way to conduct business while using pseudonyms. If you are running a company with an unregistered alias, there could be legal trouble down the road, so its generally a good idea to invest in filing a DBA as soon as you have a name you want to use.
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Is A Dba A Separate Legal Entity
No. Registering a DBA name with the state doesnt create a separate business entity. A DBA is just another name your business uses. But you can use your DBA name to advertise, open a bank account, write checks, and receive paymentsjust make sure to follow your states guidelines. Using a DBA name without following state regulations in your area can incur penalties or constitute fraud.
Perform A Name Search
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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Submit Required Information For Your Ad And Pay Applicable Fees
After identifying an approved newspaper, determine what information the publisher needs to create your ad. Necessary information can vary but typically includes the legal name of your business, the business address, the DBA name, and your name and address .
In most cases, approved newspapers are familiar with DBA publication requirements, so you can simply give the publisher a copy of the DBA application or registration form. Some newspaper publishers provide online submission tools.
You are also responsible for paying the publication fees to run your ad. These fees typically depend on how long the ad will run, the publication schedule, and the newspaper’s current rate per word or per line published.
How Long Does A Dba Last
When you register a DBA, you will want to know and track its expiration date. Most states require the renewal of your DBA, but the time to renew may vary. For example, if you register your business in California, you’ll need to renew the DBA after five years. In Texas, you can use the DBA for 10 years, while in New York, no renewal is necessary as there is no expiration date.
In many states, a DBA registration is good for five years before it requires extension or renewal. It is important to keep track of expiration dates on your DBA for the welfare of your business.
What if you decide not to renew your DBA? If you no longer want to use your DBA, you should cancel the registration to avoid confusion and potential legal issues. Here are the steps you must take to cancel a DBA:
If your DBA is close to expiring, you could also just let it expire and not renew it.
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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.
Applying For Trademark Protection
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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 sole proprietorship is a business owned by a single individual that isn’t formally organized. If you run a business and file taxes under your own name, you are a sole proprietor.
A DBA is only used for branding. We recommend forming an LLC to separate your business and personal assets.
Who Needs To Register A Dba
The Small Business Administration is a great resource for those who aren’t sure if they need to register a DBA, but if you plan on using a business name that differs from your given name or your business partner’s name, you’ll need to register one. Other reasons could be if your bank requires it to open a business account, if a prospective client requires a DBA to award your company a job, if your company is entering a new business area not reflected in your current name, or if your company operates more than one business or website.
It’s important to note, though, that a registered DBA doesn’t constitute a business in itself.
“It doesn’t set up a business entity, like a limited liability company or a corporation,” Hanlon said. “It simply identifies a name and notifies the public who is behind that name. A person or business entity could conceivably have many DBAs, each with a different product or service market.”
While a person can register as many DBAs as they’re willing to pay for, two LLCs cannot have the same DBA.
“A DBA, like any other business name that is registered, can only be registered once and only has one owner,” Hanlon said. “That said, there could be multiple LLCs who are all owners of the company that registered for the DBA. For instance, North LLC and West LLC are each owners of Northwest LLC, and Northwest LLC has a DBA of Compass Point Consulting.”
Writing a DBA is simple you would just write it out as the different name you’ve chosen to do business as.
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Choosing And Protecting A Dba Name
Before you choose a DBA name, it is a good idea to double-check that the name isn’t being used at the state or local level. This isn’t a difficult step and may save future headaches. For instance, if you decide on a good name for marketing purposes but is already in use, you probably don’t want to use a similar name as a competitor. By registering your unique name, you ensure that you’re the only one who has the authorization to use that name in the state.
Registering a company or a company name is different from registering a trademark. By registering your company name as a trademark, you ensure that no one in any state can use the company name or logo. Taking this additional step can ensure that your company name remains unique so that customers will find your company instead of a competitor.
Remember, DBAs offer little legal protection. It is a great way to have the right to use the name, but it doesn’t usually give you exclusive protection. Using DBAs and trademarks together offers the best of marketing and legal protection.
Is A Dba The Same As A Fictitious Name
Not always. Some states use the terms DBA and fictitious name interchangeably, while some states only use the term fictitious name to refer to foreign business entities whose legal names are not available for use in the state. Before you try to get a DBA name in your state, research the states terminology to make sure you locate and submit the correct state forms. Youll find many of the relevant state terms in the extended table at the bottom of this page.
Discover how to register an out-of-state business at Northwests guide to Foreign Qualification.
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Subsequent Publication Requirements May Apply If You Change Your Dba Name
Finally, after meeting your jurisdiction’s original publication requirements for a new DBA name, you may have subsequent requirements. For example, if you stop using a DBA name or if you change your DBA name to something different, your state or local government may impose additional notification requirements. As the business owner, you are responsible for meeting these obligations.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
File a DBA for your business online.
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.
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What Are The Steps To File A Dba In South Carolina
Step 1 Obtain the FormContact the County Clerks office in the county where your business is located to request the Certificate of Assumed Name Form. The form and filing fees will vary by county. Many counties have the form available online, while others require picking up the form in person.
Step 2 Fill out the FormCommon information requested on the form includes
- Fictitious name being requested
- Name and addresses of the owners
Step 3 Notarize the FormBefore signing the form, be sure to have a notary to witness the signing of the documents. Most County Clerks offices offer notary services at no cost.
Step 4 Submit the FormSubmit the filing fee and completed form to the County Clerk.
Who Needs To Register For A South Carolina Dba
Sole proprietorships and general partnerships are the most common entities to register for a DBA however, occasionally, a corporation or LLC will want to register one if they want to have a second business under their corporate umbrella.
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 operating under John Smith, he doesnt need to register. If John decides to name his business Johns Computer Repair, he may want to consider registering.
In South Carolina, it is optional to register for a DBA, however, many banks wont open a business account without one.
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