Is A Dba Better Than Changing The Legal Name Of My Business
Both solutions could give you a new name for your business. But in most cases, filing a DBA is a simpler, quicker, and less expensive process than a legal name change. And remember, you can register multiple DBAs. So, if your business operates multiple different other businesses, DBAs might offer you more flexibility.
Doing Business As Filings
In accordance with New York State General Business Law , the County Clerk accepts and files certificates of persons conducting business under an assumed business name. These transactions are commonly referred to as DBA filings.
The General Business Law requires that individuals or partners conducting commercial activity under a name that is not their real name must file DBA certificates with the County Clerk. Filing a DBA protects the business name from use by others in the county where it is filed.
Please note that the law requires that DBA certificates contain specific language. Forms for DBA filings, amendments and discontinuances may be obtained at the Monroe County Clerks Office or downloaded using the links below. Forms are also available at some stores which carry legal stationery or business supplies. A filer may also consult with an attorney to draw-up the appropriate forms, particularly if filing a partnership.
Please note that if your business is located in the City of Rochester, there are often additional business permit requirements. The City’s website has information and contacts related to the business permit process. You can also get information by visiting a city Neighborhood Service Center for locations and hours.
Begin With An Assumed Name Search
Before filing a DBA with your local county clerk , first make sure that your desired name is available.
The easiest way to conduct a business name search in New York is through the Department of State Division of Corporations website. You can search by Entity Name to see whether any business is operating under a similar name.
A disclaimer on the search indicates that it shouldnt be used to determine the acceptability of an entity name . This is an easy way to check a name, however, and its a simple preliminary step to take before filing for a DBA. The county clerk will conduct a more official search when you file.
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Makes Business Banking Much Easier
We recommend that every business owner opens a business bank account separate from their personal bank account. That’s because separating your business and personal finances will protect your personal assets in case of a lawsuit, preserve your personal credit score if your business fails, make your bookkeeping and taxes that much easier and generally make you look more professional in the eyes of your clients .
But if youre operating a sole proprietorship or general partnership, youd run into a roadblock here: If you haven’t registered your business with the state, you don’t have an employer identification number, or EIN. And without an EIN, you can’t open a business bank account.
When you file a DBA, however, you’ll also get an EIN.
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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File A Dba In New York
Filing a DBA allows a company to do business with a different name. Here’s one to file one in New York.
If a business wants to do business with a name that is different from the name used to form the business, it must file the new name .
This is often called filing for a DBA, or “doing business as.”
For example, if Franks Hot Dogs LLC wants to do business as Best Hot Dogs in Town then the owners have to file a DBA.
While any business can file a DBA in New York, there are different requirements for different entities.
Corporations, limited partnerships, and limited liability companies must file a certificate complying with Section 130 of the General Business Law.
Any other entities such as general partnerships, sole proprietorships, and limited liability partnerships are required to file an Assumed Name Certificate directly with the county clerk in every county in which the entity conducts or transacts business.
How Much Does An Assumed Name Cost In New York
Sole Proprietorships & PartnershipsThe filing fee for the Assumed Name Certificate varies by county but typically varies between $25 and $35.
Corporations & LLCs$25 for LLCs and limited partnerships. Corporation fees are $25 + $100 for each county within New York City and $25 for each county outside of New York City.
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How Can Database Administrator S Increase Their Salary
Increasing your pay as a Database Administrator is possible in different ways. Change of employer: Consider a career move to a new employer that is willing to pay higher for your skills. Level of Education: Gaining advanced degrees may allow this role to increase their income potential and qualify for promotions. Managing Experience: If you are a Database Administrator that oversees more junior Database Administrator s, this experience can increase the likelihood to earn more.
How Much Does A Dba Cost In Ny
DBA filing fees vary depending on the location of the business and the business type.
Sole proprietor and partnership DBA fees are assessed by the county where the business is located. You must access your county directly for specific fee information. You can do this online or by calling the county clerk. You can find your counties’ contact information on the NYSAC.org website.
Fees for incorporated businesses like LLCs and corporations are as follows:
$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
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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.
Doing Business As Names
If you have chosen a name for your business that is not your legal name you must, register your DBA with Onondaga County. At the time of this writing, it costs $30 for your DBA. You can print out the application yourself, or pay $1 for a copy at the County Clerks Office.
Applying for your DBA is the first piece of paperwork that most business owners will officially file. It’s best to finish writing a business plan, planning your finances, and selecting a location before you file. The application isn’t free and you’ll have to file more paperwork if you want to change your name later.
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Why Is A Dba Important
A DBA gives you some flexibility with your business name, which can be a huge benefit when it comes to branding and marketing. A DBA can also provide an additional layer of professionalism to your business, particularly if you are in business using your legal name. If you are an accountant doing business under your personal legal name of John Smith, filing a DBA for your business name of A1 Accounting could make potential clients feel like you are a legitimate business and not someone doing a side hustle.
Businesses can also use a DBA to differentiate between various specializations that are offered. For example, if two sisters have started a house-flipping and real estate business together, Smith Sisters LLC could be the official business name, but they could file a DBA for Smith Sisters Interior Design or Smith Sisters Property Management to specify those different lines of business and attract new clients. In this example, the DBAs are still within the same umbrella of the overall business, but more clearly advertise the specific services that are offered.
S After Forming An Llc
After forming your LLC, it’s important to:
- Open a business bank account. A business bank account helps separate personal expenses and company expenses, which is required to maintain your LLC’s corporate veil. A corporate veil protects your personal assets from creditors in potential lawsuits against your LLC or Business.Learn more by reading this guide to Banking for Entrepreneurs. For a multi-member LLC, you’ll also want to set up capital accounts for members. We also recommend checking out our review of the best business bank accounts.
- Get a business credit card. A business credit card will help separate personal and business expenses while building your companys credit history. A strong credit history will be useful for raising capital in the form of small business loans.
- Hire a business accountant. A business accountant will help you save on taxes and avoid penalties and fines. An accountant makes bookkeeping and payroll easier. Find out how much you could be saving with a consultation with a business accountant.
- Get business insurance. Business insurance helps manage risk. The most common forms of business insurance are general liability, professional liability, and workers compensation.
Find out the real cost of getting insurance for your business. Get a free quote or call .
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Register Your New York Dba
Registering a DBA in New York involves filing a Business Certificate with a county clerk. You can file in any county where you conduct business. Although its usually most convenient to file wherever your company is located, its not necessarily required.
Most of New York State uses the same form, but filing in Manhattan requires a different form. Online filing isnt available since you must give the form to your local county clerk rather than the state government.
Start With A New York Assumed Name Search
New York assumed names must be unique and must also meet New Yorks business name requirements.
First, visit the New York Department of State’s website and search for your new DBA name to make sure it isnt already in use.
Next, review the New York naming requirements. In New York, assumed names should NOT include:
- Words that could confuse your business with a government agency
- Restricted words that may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your business.
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Filing A Dba In Ny For Llcs Corporations And Llps
Incorporated businesses must file their certificate of assumed name with the New York Department of State. The following business types are considered incorporated:
- For-profit Corporations, Non-Profit Corporations
- Limited Partnerships, Limited Liability Partnerships
- Limited Liability Companies
- Any Foreign Filing Entities
If you need to know how to file a NY DBA for a sole proprietorship or partnership, go back to those requirements.
Disadvantages Of A Dba
Because they simply provide fictitious names for commercial activities, DBAs have disadvantages compared to other business filings. There are three notable limitations to a DBA.
No legal protection
The primary drawback of a DBA is more of a limitation than a disadvantage. A DBA assumed name confers no legal protection.
Even though a business may operate under an assumed name, the company itself can still be sued. So too can business owners if the structure allows .
For this reason, a DBA shouldnt be confused with the LLC business structure. An LLC does provide a limited liability protection, and it may prevent business owners from being sued except in extreme situations. A DBA doesnt do this.
Of course, obtaining a DBA doesnt prevent you from forming an LLC . You can file for both.
No naming rights
Without a trademark secured, a DBA does little to prevent other companies from using highly similar names. Other businesses in New York, and even in your local county and municipality, might use names that are remarkably like yours.
As mentioned, you can file for a trademark simultaneously while quickly obtaining a DBA.
No tax benefits
Since a DBA isnt an actual business structure, it provides no tax benefits. The assumed name doesnt impact how your firm is taxed or what it pays in taxes.
Again, you can still file for an LLC or corporate business structure that does provide tax benefits.
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Create A New York Llc Operating Agreement
Creating a New York LLC operating agreement is the only way to legally lock down your LLCs management and ownership structure. Having this document in place will give you something to return to if a dispute or lawsuit arises.
Even single-member LLCs benefit from having an operating agreement.
Your operating agreement should outline the following:
- Each members responsibilities
- How new members will be admitted
- How existing members may transfer or terminate their membership
- How profits and dividends will be distributed
You can add as many provisions as you want, as long as they don’t conflict with New York business law. Take a look at our What is an Operating Agreement guide to learn more.
Download a template or create a custom Free Operating Agreement using our tool.
Corporations Limited Partnerships Llcs Or Llps
Corporations, Limited Partnerships, LLCs or LLPs must be filed with the Department of State, New York State Division of Corporations. Their phone number is 518-473-2492. These papers cannot be filed at the County Clerks Office
For information regarding incorporations, LLC and LLPS and not-for profit corporations, contact:New York Department of StateDivision of Corporations
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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.
Want To File A Dba In The Usa Here Are The Official Links To All States
Overview of each state links to official websites and online filing information
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Choosing a business name to trade is part of the startup process of growing businesses. While it isnt necessary to register a domain and choose a name immediately, some may choose to file a Doing-Business-As to:
- Legally trade under a business name different from the owners or registered businesss
- Protect a desired future trading name
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.
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.
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