How To Register A Business In New York State

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

Promote And Market Your Business

Promoting Your New York Business

There are many different methods to promote your business in New York, but the most effective methods are:

Press Releases

Press releases are a great way to promote your brand and are one of the most cost-effective strategies as they:

• Provides publicity
• Establish your brand on the web
• Improve your website’s SEO, driving more customers to your website
• Are a one-time cost in terms of effort and money
• Have long-lasting benefits

Recommended:TRUiC has negotiated a 25% discount for you on a service that will write and distribute press releases for you.

A Facebook page is a great, free way to interact with your customers. But, it does require ongoing effort to be successful.

A Facebook page can be used to:

• Establish your local business presence
• Showcase your business products and services
• Communicate with your customers

How To Start A Business In New York:

There is support for new small businesses and entrepreneurship in New York. In 2016, New York lending institutions issued 417,765 loans under $100,000. The state offers many business development programs like START-UP NY, a program that offers eligible businesses the opportunity to operate tax-free for ten years when partnered with academic institutions, and the Empire State Developments Small Business Division, which offers guidance to businesses with fewer than 100 employees through a range of programs and initiatives.

Review New York State formation options.

New York State offers 4 ways of forming your business. Review these closely and pick the one that fits your business best.

Name your business.

When you have a business name in mind, you should search the name in the DOS Business Entity Database to see if it has already been registered.

You should also check the trademark database to see if the name you have in mind has been trademarked.

If you need help finding a business name, be sure to check out NameSnack’s free business name generator.

Get an Employer Identification Number.

Nearly all businesses will need to register for federal taxes by applying for an employer identification number.

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Are There Other State Requirements That My Business Must Meet

All businesses need to register with the state before they can begin to conduct business in New York. If your business is a corporation or a limited liability company, then you must file your registration with the New York Department of State. If you are operating your business as a sole proprietor or it is a partnership, then you must register with the county clerk in the county where your business is located.

In addition to registration, all businesses must meet state tax requirements. Your business tax liabilities will depend on the nature of your business and the services offered. If you have employees, you will also need to register with the New York Department of Labor for unemployment insurance and purchase workers’ compensation insurance as required by state law.

Annual And Ongoing Requirements

DBA: Your Fictitious Business Name should be valid for 5 years at which point youll need to renew it with the county.

LLC: New York LLCs and corporations must file a biennial report during their anniversary month of incorporation.

Corporation: New York corporations must keep complete books and records of account at their principal place of business. These records must include minutes of all shareholder, executive, and director meetings, list the names and addresses of all shareholders, the number and shares of each, and the date each became a shareholder. LLCs and Corporations will pay a filing fee.

Franchise Taxes: New York businesses are required to pay an annual franchise tax based on several categories, outlined here.

which can automate most or your ongoing compliance tasks.

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What Is A Registered Agent

A registered agent receives service of process and government notices on behalf of your business. When you prepare your New York Certificate of Authority application, you must list a registered agent with a physical address within the state .

Many businesses do not have an individual or physical address in a new state. Listingour local registered agent address on your certificate of authority application meets the states requirements. Additionally, you get same day document scanning from our local office in all 50 states and DC. Our registered agent service is a flat rate of $99 per year, and you can easily add our service to any certificate of authority order.

Get An Employer Identification Number From The Internal Revenue Service

You’ll need an EIN to identify your business to the IRS. You use this number when filing and paying taxes, when submitting payroll information and payments for your employees and when opening a business bank account. You can obtain one directly from the IRS, or Incfile can get one for you as part of the NYS LLC formation process.

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For Foreign Limited Partnerships:

Get New York Business Licenses

As the third largest state in terms of population, New York attracts businesses that want to compete in a wide range of industries. Before starting a New York business though, you must apply for the licenses and permits that state, city, and county agencies require for your industry. Many businesses must acquire some type of New York business license to operate legally within the state.

incorporate.com has helped many small business owners and entrepreneurs attain a business license in New York. Our decades of experience allow us to swiftly and seamlessly research the licenses and permits that you need. By allowing incorporate.com to complete this process for you, your business can avoid additional fines, fees, and delays.

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For Foreign Professional Corporations:

Settle On A Structure

To register your business, youll need to know its structure for legal and licensing reasons. Choose a type of entity and structure using the states business wizard, which guides you through the selection process by asking questions.

Its important to note that New York regulates the names of businesses by type. For example, a limited liability company isnt allowed to have words like school, trust, or corporation – and dozens of others – in its name. See a complete list of restricted words here.

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Create A Business Plan

Begin by writing a business plan. This will serve as your guide for both startup and growth in the Empire State. Investors, grantors, and loan officers will review this document to determine your businesss financial viability. When writing the business plan, flesh out the following:

What Is A Foreign Llc

For New York purposes, if your LLC is formed in another state, then it is known as a foreign LLC in New York. In other words, foreign doesn’t mean from another country. Instead, it means your business was organized under the laws of another state. A domestic LLC, on the other hand, is one that is formed in the state where it is doing business. This is common usage throughout the United States. For example, an LLC formed in Alabama is a foreign LLC in Mississippi.

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What Do I Need From My Home State

In order to obtain a New York Certificate of Authority, you must also submit:

• Limited Liability Company: Certificate of existence or, if your state doesn’t issue certificates, a certified copy of your articles of incorporation and amendments.
• Corporation: Certificate of existence or, if your state doesn’t issue certificates, a certified copy of your articles of incorporation and amendments.
• Nonprofit Corporation: Certificate of existence or, if your state doesn’t issue certificates, a certified copy of your articles of incorporation and amendments.

Choose A Unique Business Name And Complete A New York Business Search

You’ll need a distinctive and original name for your New York LLC thats not being used by any other business in the state. Our Business Name Generator can help you brainstorm names if you’re having trouble coming up with a good one. First, read up on the state’s naming rules in the New York Business Names section of this guide.Once you’ve chosen a name, make sure it’s available in the state by using our free tool to do a New York entity search. You can also perform a search on the NYS Department of State website.

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Do I Need A License To Operate My Business In New York

Whether your business needs a license depends on the type of business you are running. For example, all businesses that are involved in the sale of goods will need to get a certificate of authority to collect sales tax. Certain occupations must also be licensed by the state, and depending on the services offered, your business may need more than one license. New York has an Online Permit Assistance and Licensing system that can tell you what state licenses your business may need.

Market Your New York Business

Marketing a business in New York can be tough. Youll need to break through a lot of noise to reach the intended eyeballs. Optimize your website for search engines, and create a social media strategy that youll execute faithfully or hire someone to handle that for you. Think Twitter, LinkedIn, Facebook, TikTok, Snapchat, Pinterest, and the like.

Register the business location with Google My Business so people can find you. Make your signage as noticeable as allowed , and dont be shy with the business cards or flyer postings.

Empire State Development can help connect you to other companies that might expand your market, bring in new customers, and offer growth opportunities.

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Liability Conditions By Business Type

General Business

General business employers are liable on:

• The first day of the calendar quarter you pay remuneration of $300 or more, – or –
• The day you obtain any or all of the business of a liable employer

Non-Profit Employers

Non-profit employers are liable:

• On the first day of the calendar quarter you pay remuneration of $1,000 or more, – or –
• As of the first day of the calendar year you employ four or more workers on at least one day in each of 20 different weeks during that year or the prior calendar year

Household Employers

Employers of household help are liable the first day of any calendar quarter you pay remuneration of $500 or more.

Agricultural Employers

Effective January 1, 2020, employers of agricultural labor are liable as of:

• The first day of any calendar quarter after January 1, 2020 in which you pay remuneration of $300 or more, – or –
• The day you obtain any or all of the business of a liable employer

Note: If you have questions about liability prior to January 1, 2020, call the Employer Hotline at 888-899-8810.

Government Employers

Government employers are liable the first day of the calendar quarter you pay remuneration to employees in covered employment. It does not matter how much remuneration you pay or the number of employees.

Indian Tribes

Next Section

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.

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To Start A Business In New York Follow These Steps

Are you ready to start your own business?

Creating a New York business of your own can be challenging. You will need adequate funding, time, personal support, and professional support in order to move forward successfully with your entrepreneurial dreams.

To see if you’re prepared to take the leap, check out our Entrepreneurship Quiz.

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How To Register An Llc In New York

A limited liability company is a popular type of business entity because it pairs a corporation’s limited liability protections with a partnership’s flexibility. The legal requirements for establishing this business entity vary by state. To create and register one in New York, you must be a state resident or a business entity located in New York. You must also file articles of organization with the New York Department of State’s office and meet additional legal obligations.

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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.

Nys Business Registration: Everything You Need To Know

NYS business registration refers to registration of a business entity operating in the state of New York. 3 min read

NYS business registration refers to registration of a business entity operating in the state of New York. Regardless of the type of business structure you want to register, i.e. partnership, LLC, or corporation, there are some steps to take before formally registering your business. Some of these steps include:

• Choosing a name for your company
• Choosing a business structure
• Obtaining an Employer Identification Number
• Obtaining applicable licensing and permits

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Choose A Business Entity And Register Your Business

The next step in starting your business in New York is crucial: choosing a business entity. The business entity you choose will determine how youre taxed, your management and ownership structure, and your degree of legal protection. Your registration process will also differ depending on your business entity.

In New York, a few of the more common business structures are sole proprietorships, partnerships, LLCs, and corporations and among those structures, LLCs are especially popular, as theyre easy to form, easy to maintain, and they provide the owners with legal protection. Learn more in our guide to forming an LLC in NY.

Its always recommended that you consult legal or financial professionals to help you determine which type of business structure makes the most sense for your particular business. You can also take a look at New Yorks Business Express new business checklist to learn more about what each type of business structure entails, how to register with the state, how much the formation fee will cost, and their ongoing requirements.

Pro tip: Using this new business checklist will provide you with personalized, step-by-step guidance about starting a business in New York, and it only takes about 10 minutes to fill out.