Registering DBA can be difficult without professional assistance with filing documents that satisfy New York‘s rigorous standards. But we’ve got this. With our 3-step process getting started is easy as pie. Read on how to do that.
Important! Please keep in mind that DBA is not a business structure, so it won’t protect you from liabilities, lawsuits, or any other unforeseen situations. DBA stands for Doing Business As. – often precedes the name under which a business operates, which is not the legal name of the business.
Therefore, before starting, make sure you understand the difference between informal business structures such as sole proprietorship and formal ones like corporations and LLCs.
To register or renew the trademark, trade name, or service mark for your company in New York you need to file the application to the Secretary of State. Here is what you need to do:
New York Business Entity Search
Your company’s trade name should be unique and have not been acquired by any other entity in New York. Moreover, this name must also meet the business name requirements of New York.
First, you have to search the New York Department of State’sBusiness Search portal for the DBA, Business, & Fictitious names. Check the portal thoroughly to know whether the name that you wish to have for your business has already been taken by someone or not. Make sure, this name isn’t already in use.
Note: You can also find a complete guide on business name search here.
Once you are done searching, the next step is to review the naming requirements of the state of New York. In general, your DBA should not include:
- Term that confuse your business with government institutions such as state department, FBI, treasury, etc
- The word “Bank” “Attorney”, or “University” require additional paperwork and one of the business member shoud be a licensed individual such as doctor, lawyer etc.
Register Your New York DBA
Businesses That Register DBA With County’s Clerk
New York sole proprietors and partnerships are required to file an assumed business name application with the county clerk’s office(s) where the business is conducted or business orders are transacted.
New York State Association of Counties helps you find your county clerk’s contact information.
Businesses that Register DBA with the Secretary Of State
The following businesses need to register their trade names with the New York Secretary of State:
- Limited Liability Companies (LLCs)
- For-profit Corporations
- Nonprofit Corporations
- Any Foreign Filing Entities
- Limited Partnerships (LPs)
- Limited Liability Partnerships (LLPs)
File a New York DBA with the New York Department of State by downloading the Assumed Business Name Application and sending it to:
DBA Filing Address:
New York State Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
New York DBA Filing Fee
$25: For the Certificate of Assumed Name
$10: Certified Copy of Certificate of Assumed Name
If you want to expedite the filing process, you need to pay $25 within 24 hours, $75 Same day, $150 for 2-hour processing. If you are conducting your business as Corporation the following are additional Fees:
$100: For each NYC county where the business is operating or will operate
$25: For each county outside the New York City where the business is or will be conducted $1,950: To include the Certificate of Assumed Name combined in every New York State county
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The following information must include in the New York trade name form:
- Your business name and adress
- Owners/partners of the business and addresses
- Entity type (eg; LLC, sole proprietorship, partnership, corporation)
- Trade name’s description
Renew, Change or Withdraw Your New York DBA
Renew Your Fictitious Name With the State
Certificate of New York Assumed Business Name does not expire. So there is no need for the renewal of DBA in New York.
Change Your Fictitious Name
If you wish to make changes in your New York assumed business name, you can do it by filling the respective Certificate of Amendment of Certificate of DBA.
DBA Changing Address:
New York State Department of State
Division of Corporations
State Records and Uniform Commercial Code
One Commerce Plaza
99 Washington Ave.
Albany, NY 12231-0001
Withdraw Your Fictitious Name
You can cancel your New York assumed business name by filing the Certificate of Discontinuance of Assumed Business Name in NY and sending it to the address mentioned in the above section.
