How To Register An Assumed Name In New York
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Quick Reference
In New York, a business operating under a fictitious name will need to register an Assumed Name. Learn more about what an Assumed Name, who needs one and how to register.
Quick Reference
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
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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Get A Dba Name For Your New York Business Today
If youre an entrepreneur in New York, you may not wish to use your businesss full legal name for all of your companys activities. If so, a doing business as name could be a helpful branding tool, allowing you to conduct your small business under a different title.
Doing business as names are an excellent alternative to using legal personal names or business names. They afford levels of flexibility for business owners that are not otherwise possible. New York business owners can file for DBA names, or assumed names as they are known in the state, to enhance brand personality or augment business operations in other areas.
New York requires all general partnerships to file for a DBA name, even if they plan to carry on business using their legal names. Further, any individual or legal business owner who trades under a name other than their legally recognized name must file for an assumed name.
Our guide provides insight into New York DBA names, including how to choose a name, registering it, and keeping in compliance.
Before We Start: What Is A Dba
For those unfamiliar with the acronym, DBA stands for “doing business as.” In most New York counties, it is referred to as an Assumed Name.
No matter which type of business structure you have incorporated as , if you plan to operate your business under a name different than your real name or an existing corporate name, then you need to file a DBA.
In New York, you must register your DBA within 40 days of the commencement of the business.
- The ability to open a business bank account. You are unable to use your personal bank account to issue or receive checks under your business name. Filing for a DBA allows you to open a bank account under your startup’s name, as most banks will require a certified copy of your DBA before you can open an account. Once you have a business bank account, you may collect checks and payments under your company’s name.
- Public advertising. Now that you have registered your official business name, you may begin publicly advertising and marketing under the DBA. This will help increase the visibility of your business
- Create a separate business identity. Small businesses look much more professional once they file for a DBA. The assumed name allows them to establish a separate business identity for customers and vendors. This allows you to present your business in a professional light.
- Discourage others from usage. You’ll be able to protect your brand and discourage others from registering your name by officially registering your DBA.
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Does A Dba Need An Ein
An EIN or Employer Identification Number is a unique nine-digit number that some businesses will register for through the Internal Revenue Department . An EIN is required for partnerships, corporations, multi-member LLCs, or any business that has employees.
Sole proprietorships and single-member LLCs without employees can use the owners social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
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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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.
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.
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How To File A Dba
The process of filing a DBA tends to vary from state-to-state, even county-to-county. Here is a brief overview of DBA proceedings by state along with official resources to help you get started.
Can I file for a DBA online? Yes, in many states you can do so online easily, but this varies state by state.
Important: Always check the official sources as we are not not legal experts and regulations:
Business Certificate Information Guide
What is a Business Certificate?
A Business Certificate is a legal document which can be filed in the Clinton County Clerks Office by an individual or group of individuals who wish to conduct business in the County of Clinton under an assumed name. You may be required to have a Business Certificate to be licensed by other agencies or for tax or insurance purposes. New York law also requires a Business Certificate if you are doing business under any name other than your own name.
How do I file a Business Certificate?
Obtain and complete a Business Certificate or Business Certificate for Partners form. This form can be obtain from a stationary store or from the County Clerks Office. Search the index in the County Clerk Records Room to determine if the name you intend to call your business is already being used. If the name is already in use, an alternative name should be selected.
How much does it cost to file a Business Certificate?
$25.00 to file a Business Certificate
$2.00 for the form
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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.
Will I Need An New York Registered Agent For My Corporation
Yes, when you hire Northwest as your registered agent in NY, its a flat rate yearly price of $125 a year, youll have an online account that tracks your report due dates, which states your registered in, when your yearly service with us is up, and any documents we receive locally for you are uploaded into your account immediately for complete viewing. If or when you get served with a lawsuit, we can email up to 4 people and your attorney at the same time for real time complete viewing of a lawsuit. Youll receive annual report reminders. Its the same price every year, and there are no weird fees or cancellation fees.
Youll also see all the pre-populated forms and specific filing instructions on the thank you page, in your online account, and they are emailed to you immediately upon signing up for 1 year of registered agent service.
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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.
What Happens After You File A Dba
Once you’ve chosen your business’s fictitious name and registered it locally, you might want to consider filing for a trademark with the U.S. Patent and Trademark Office to protect your intellectual property. Trademarks protect words, names, symbols, sounds or colors that distinguish your goods and services.
If the paperwork and filing process seems overwhelming, you can contact a business lawyer to complete all the necessary filings to secure your DBA name. Reputable business lawyers are listed by the American Bar Association.
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Open A Business Bank Account
No matter the type of business you form, you should consider opening a separate business account to make it easier to track your income and expenses. For some business types, like LLCs and corporations, a separate bank account is necessary to maintain your liability protection. To learn more, see Opening a Business Bank Account.
| Take our business formation quiz for help deciding the best structure for your business. |
If I Register A Dba Name In New York Can Another Business Use The Same Name
DBA names in New York are not exclusive to their owners. Anyone can use the same name as someone else when registering a Certificate of Assumed Name. Neither can the DBA name be used to override a trademark. If you want a unique name that no one else can use, choose to register a trademark with the USPTO. You can search for available names here. Taking this route will ensure that your brand name is protected moving forward.
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What Is A New York Dba
For sole proprietorships and general partnerships, a DBA enables you to use a name other than the owners personal name. For limited liability companies and corporations, DBAs allow you to use multiple names to officially refer to your business activities.
There are many different reasons for New York companies to acquire doing business as names.
- For sole proprietorships and partnerships, they can make your company sound more professional than simply using your own name. You can also open a bank account using your DBA, which can not only help you keep your business and personal assets separate, but customers often have a higher comfort level writing out a check to a business name rather than to an individuals personal name.
- For corporations and LLCs, DBAs are frequently used to give the company the option of using different names for separate product lines. Another common usage of a DBA is to distinguish satellite businesses from your main company. Restaurant owners love to do this, as for example it can help a fine-dining establishment open a fast-casual spin-off restaurant without affecting customers perceptions of the original location. Whether you want to create this separation for marketing or accounting purposes , a doing business as name gives companies options that they wouldnt otherwise have.
In short, a DBA in New York allows businesses to communicate their image and express themselves in different ways without having to actually form a new business to do so.
How To File A Dba In New York
Filing a DBA allows you to operate and receive payments under a name that is different from your legal business name. This helps you create an identity for your business that presents it in a professional light to customers and vendors, while allowing customers to write you checks and make payments directly to the business name you have chosen. Follow our step by step guide or let us handle the paperwork on your behalf, ensuring your business is filed quickly and accurately.
File a New York DBA for just $129 + state fees
or scroll down to our guide
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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 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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