Business Insurance Legal Requirements In New York State
If you own a business in New York and hire employees, you must carry workers compensation and disability benefits insurance.
If you own a vehicle and use it for business, you will need to buy auto insurance.
Landlords often require tenants to carry the minimum amount of liability insurance as a condition of operating in a rented space, store, or restaurant.
Investors and banks may require that you carry a personal accident, life insurance policy, and other types of insuranceto protect their investment in your business.
Youll have a much easier time managing your insurance coverage if you can identify which policies are required by law and get the lowest quotes in one place Get FREE quotes here at Coverwallet.
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.
File Records For Your Form Of Business
In addition to licenses and permits, some legal forms of business, such as corporations and limited liability companies , must file organizational documents. More specifically, corporations, LLCs, and certain other types of businesses must register and file with the Division of Corporations, State Records and Uniform Commercial Code of the New York Department of State . You can find detailed information on the DOC website.
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State Of New York Business Startup Resources:
Small Business Development Center
The New York Small Business Development Center is a resource for small business owners and entrepreneurs in the state of New York. We provide confidential assistance, training, and research to help individuals grow their businesses.
New York Business Express
NY is open for business. Learn how to start and grow your company with the help of this great resource New York Business Express
New York Business Resource Lookup
With the Incentive Wizard, youll be able to explore all the New York State resources that may help your business succeed. Whether its through a tax credit or funding for small businesses with growth potential they have something just for you!
NYS Minority and Women Business Development Program
If youre looking to be certified as a minority- or woman-owned business, then the New York State Empire Development Office has all of your needs covered.
What is an MWBE? The Division of Minority and Womens Business Development certifies businesses through its $1 million certification program that assists firms in acquiring state contracts with primarily female-, minority-, veteran-owned companies by providing them with technical assistance on procurement processes and approaches for doing so successfully. If you are interested in becoming part of this group, contact them today!
New York Economic Development Division of Small Business
New York Chamber of Commerce Directory
How To File A New York Dba
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.
Rocket Tip: Its important to understand that a DBA does not offer limited liability protection as the LLC does. The LLC is the most popular entity for small businesses and is easy to set up by doing it yourself or hiring an LLC website.
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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.
Should I Hire A Professional Dba Filing Service
If youd rather not fill out the paperwork and register for a DBA yourself, there are plenty of reputable companies offering a service. For a fee, these services will assemble the relevant paperwork and submit it to your state, and all you have to do is supply them with some basic information.
While hiring a DBA service can save you some time, there are probably better ways to use your budget. In other states, the process can be more complicated, but the requirements for obtaining a New York DBA are simple. In addition, New York does not require businesses to file DBA renewals, so most business owners choose to file the paperwork themselves. That said, if youre just too busy to handle any more tasks, most service providers charge a fair rate for this service.
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S After Forming An Llc
After forming your LLC, it’s important to:
- Open a business bank account. A business bank account legally separates personal finances from business finances. This separation is required to maintain your LLC’s corporate veil .
- 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.
File Articles Of Organization
Its time to officially form your LLC by filing your Articles of Organization with the NY Secretary of State.
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You’ll need to know the following information to complete each Article:
For more detailed help with completing the form, visit our New York Articles of Organization guide.
Mail, Fax, or Deliver Your Articles of Organization:
Fax the form and payment to 474-1418 with a form or submit it to the address below:
Department of State Division of CorporationsState Records and Uniform Commercial CodeOne Commerce Plaza 99 Washington Ave.Albany, NY 12231
How long does it take to get an LLC approved? Your filing will be processed instantly if done online or in three to five business days if done via hard copy, but this can be expedited by paying a fee.
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How To Register Your Business Name In New York State
If you want to form a New York State business, requirements vary depending on your legal structure. Sole proprietorships and partnerships operate on the same level as LLCs in terms of name registration requirements, but these corporation business types have their own set of rules to abide by in New York.
1- Seach New York Business Entity Availability
Begin by searching the New York Business Name Database. If you file for an identical business name as someone else, your request will be denied. For a business name to be possible for registration, it must be both unique and available.
2- Search Trademark Records
Next, search the U.S. Patent and Trademark Office database here to find out if another person has already trademarked your desired business name.
3- File an Assumed Name in New York File a DBA in NY
Filing an assumed name in New York, also known as a DBA name, allows your existing or future business to conduct business using a new name other than its legal business name. That is helpful as you establish your brand name or if you want to change the name of a business without having to file an amendment with the State.
New York State law requires all partnerships to register a business certificate with the appropriate county clerks office.
Fees: The fee for filing a Certificate of Assumed Name in New York State is $25 plus any associated county fees.
4- Domain Name Availability
You will want to buy the domain name of your business website before someone else does!
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.
- 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
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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.
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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Name Your New York Llc
The very first step in starting a limited liability company in the Empire State is picking a name. More than likely, youve probably given this some thought before you decided to file an LLC. What do you want to call your business? Its a simple question, but it has big implications. While you can always change a business name in the future, its best to pick a name that will endure. Especially if youre creating a consumer-facing business, youll want to pick a name thats easy to remember and resonates with your customers.
Dba Forms In New York State
In New York State, A Certificate of Assumed Name is also known as DBA form. There are two kinds of forms forms designed to amend the Certificate of Assumed Name, which applies if some vital information needs to be altered. The second is the form to discontinue the Certificate of Assumed Name request, which applies if the chief reasons for DBA application are no longer applicable.
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What Are The Advantages Of Having A Dba
A DBA can accomplish several things for a business owner.
“If a business wishes to rebrand itself without forming a new corporation or limited liability company, they can simply register a DBA instead,” Babbitt said. “If the business receives bad publicity, they may register a DBA to mislead the public into thinking the business is different.”
There are also some less obvious reasons to register more than one DBA. For example, there’s a scene in Parks and Recreation where Tom and Ben are looking for a tent for an event. The deal falls through with one tent company, so they call another one, only to find that it’s owned by the same person. In fact, that same person owns all the tent rental companies in a certain mile radius. Babbitt says that this actually happens.
“Some businesses will create multiple DBAs to create the illusion of competition,” he said. “For instance, four taxis could all have separate DBAs even though they are all owned by the same person.”
A DBA also comes in handy for entrepreneurs who want to make a distinction among their numerous businesses.
Finally, if you are a sole proprietor, it gives you the chance to build a brand under a name of your choosing instead of using your personal name. This helps you and gets your brand out there in a way that is beneficial to your business.
Michael Keller and Jennifer Post contributed to the reporting and writing in this article. Some source interviews were conducted for a previous version of this article.
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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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.
Get One Or More Business Licenses
Not every New York business needs a license. However, many types of business either can or must get a license. Apart from licenses related to professions and occupations , your business may need licenses or permits relating to such things as agriculture, food, the environment, or sales of certain products .
The New York State License Center lists the various licenses issued by the state, including many related to businesses. Click on the Center’s link for the Business section for more information. The site also links to the state’s online Business Wizard, where you can enter details about your specific business and automatically generate a list of the licenses and permits you’ll need.
The Business Wizard site also has a list of state agencies that issue business licenses, including what licenses each agency issues. Be forewarned: The full list is quite extensive. Along with listing available licenses, the site allows you to click on links that let you apply online.
You may also need to get business licenses at the local level. For example, New York City has its own Business Wizard website. Like New York State’s website, the NYC site allows you to enter information about your business and then get a list of required local licenses. It’s always a good idea to check the website for the city and county where your business is located for possible additional licensing requirements.
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