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If you want to understand why having a DBA in New York is important and how to register it, you’ve come to the right place. In New York, a DBA, also known as “Doing Business As,” lets business owners use a different name for things like marketing, sales, and legal matters. In some states, this might be called a fictitious name, assumed name, or trade name.
Unlike an LLC, a DBA doesn’t represent a formal business entity and doesn’t offer the same benefits. Registering as an LLC in New York is often more advantageous because of tax benefits and legal protections.
What Is a New York DBA?
In New York, a DBA (also known as “Doing Business As”) permits you to operate your business under a name distinct from its legal name. According to New York state law (NY Gen Bus L § 130), any business operating in the state using a name other than its legal name must register that alternative name with the Department of State’s office.
Many businesses can use a DBA, whether you’re an individual running a lawn mowing service or an LLC operating a local taco truck. A DBA can be used for various purposes:
- Advertising
- Websites and social media accounts
- A business bank account
- Business cards, company letterhead, and merchandise
- Vendor checks and point-of-sale systems
Please note that a DBA is simply a designation for your business and doesn’t constitute a separate entity. Registering a DBA doesn’t alter the structure of your business; it merely provides an alias for the business.
If you operated as a sole proprietor before registering your DBA, you’ll continue to be classified as such. As a result, you will still be required to file taxes using your legal business name and existing EIN (or SSN, if applicable).
Can I Sign a Business Contract With My DBA?
A DBA is simply a title and doesn’t hold any legal standing. To enter into a contract, use the official legal name of your business. Maintain transparency by disclosing that you’re operating under a DBA.
If you have established a formal entity such as an LLC, the contract should be signed by an authorized member or manager using their name, followed by the LLC’s name and the DBA.
Do I Need a DBA in New York?
To comply with New York regulations, any corporation, LLC, LP, LLP, or out-of-state company conducting regular business in New York under a name other than their legal name must submit a DBA (Doing Business As) filing to the New York Department of State.
Sole proprietorships and general partnerships must file a business certificate with the county clerks in the counties where they operate. This ensures that all businesses within the state adhere to proper legal procedures and maintain transparency in their operations.
Why Hire a Professional Service to File a DBA in New York?
The process of registering a DBA (Doing Business As) in the state of New York involves several crucial steps that are vital for a successful and smooth registration. Follow these steps, as any errors or oversights may lead to the rejection of your application or even more severe consequences.
In New York, state authorities can impose fines or even force the closure of your business if you improperly use a name in legal or business contexts. Seek professional services to avoid any concerns or uncertainties associated with the DBA process.
These service providers have extensive knowledge and understanding of New York’s DBA registration requirements. They can assist you in selecting an appropriate name before initiating the paperwork. These companies offer various services, such as LLC filing, which can be highly beneficial as your business expands.
After conducting thorough research, we have identified top-notch professional services tailored to meet your DBA needs in New York.
Process for Filing a DBA in New York
If you wish to register a DBA (Doing Business As) in New York without help, you can easily do so by following a few straightforward steps. The process of filing your trade name will vary depending on the type of business you have, either at the county level or state level.
For sole proprietorships and general partnerships, you must file your trade name with the county clerk in the specific county where your business is situated. Limited Liability Companies (LLCs), Corporations, and Limited Partnerships must submit their DBA filings directly to the New York State Department.
Sole Proprietorships and General Partnerships
Step 1: New York Assumed Name Search
Before embarking on your search for an assumed name, compile a list of preferred names for your business. It’s essential from a marketing perspective because filing your trade name might be rejected if it resembles an existing name too closely.
To determine the availability of a name, you can search the Corporation and Business Entity Database. Select the appropriate search type and input the desired name in the designated field.
There are specific restrictions governing assumed names in New York. Certain words cannot be used in your trade name unless you obtain approval from the Superintendent of Financial Services:
- Bank
- Finance
- Loan
- Mortgage
- Savings
- Trust
To avoid confusion, refrain from including any words in your business name that might imply it’s a government agency. This means avoiding using terms such as “State Department” or “Treasury.” Avoiding terms like “doctor” or “lawyer” is also advisable unless your business has the necessary licensing requirements.
After searching for assumed names in New York, it is recommended that you use the TESS (Trademark Electronic Search System) tool. This resource allows you to determine whether someone has already trademarked the desired name for your business operations.
Step 2: New York DBA Filing
Submit the required documentation to the county clerk to register a DBA (Doing Business As) for sole proprietorships and general partnerships. The submission should be made in any county where business activities are conducted.
The filing fee for a DBA varies depending on the county. Contact the respective county clerk’s office to obtain detailed information regarding the costs associated with registering a DBA in your specific county.
For instance, in New York County, the filing fee amounts to $100, and Business Certificate forms for sole proprietorships and general partnerships can be obtained at 60 Centre Street.
It’s recommended to search through your local county’s records wherever possible. For example, suppose you’re operating in New York County. In that case, you can conduct a name search at Room 109B, located in the basement of 60 Centre Street, before submitting your application or visiting for submission purposes.
Step 3: Manage Your DBA
Names for sole proprietorships and general partnerships are assumed to be registered at the county level. If you need information on managing a DBA (Doing Business As), you’ll have to contact the appropriate county clerk’s office. Depending on your situation, you can renew, change, or withdraw your DBA.
For instance, in New York County, you can make changes or amendments to your DBA by filing a document for amendment. The good news is that renewal is unnecessary because the New York County Business Certificate stays.
If you no longer want your DBA, it’s possible to withdraw it. To do so, simply file a form called “Certificate of Discontinuance of Assumed Name.”
LLCs, Corporations, & Limited Partnerships
Step 1: Conduct an Assumed Name Search
Before filing your DBA, verifying the availability of the desired name through the records of the New York Department of State is essential. Another company mustn’t already use the name you select for your business activities, and it should not be too similar to an existing record.
After compiling a list of potential names for your business activities, check their availability on the Corporation and Business Entity Database. To conduct this search, choose the appropriate search type and provide all requested information in the designated fields.
Perform a search using TESS (Trademark Electronic Search System). This specific search aims to identify any trademarked names. If someone else has already trademarked the name you wish to use, you must select an alternative name to avoid potential legal consequences.
It’s important to note that there are certain restrictions concerning words and phrases that can be used in trade names. Before submitting a trade name application with the Department, weigh these restrictions.
- Avoid using terms like “bank,” “trust,” or “credit union” that imply the provision of financial services unless specifically authorized by the Superintendent of Financial Services.
- Refrain from employing words or phrases such as “Treasury” or “State Department” to prevent potential confusion among the public.
- Exercise caution when using terms like “doctor” or “lawyer,” ensuring compliance with requisite licensing and other relevant regulations.
Step 2: Filing Your Certificate of Assumed Name Form
You can access the Certificate of Assumed Name form on the official website of the New York Department of State to obtain a copy. When completing the form, ensure the necessary information is readily available.
- Business entity type
- Address of principal location
- Counties where you do or intend to do business
- Address of all New York locations for your business
Several submission options are available to complete the Certificate of Assumed Name form. You can mail or fax the completed form or submit it in person at the New York State Department of State office located at 99 Washington Avenue, Albany, New York 12231.
Please note that filing fees are associated with obtaining a Certificate of Assumed Name. The fee for the certificate itself is $25. A county filing fee applies to each county where your business operates or intends to operate (this only applies if you have a corporation).
The county filing fee is $25 per county except for certain New York counties such as Richmond, Bronx, Kings, Queens, and New York. These particular counties have a higher county filing fee set at $100.
When paying for your Certificate of Assumed Name, you have multiple options, including cash, check money order, and credit/debit card. If paying via credit or debit card through mail or fax submission methods, you must also complete and attach the Credit Card/Debit Card Authorization form.
You can request the certificate itself or certified copies, which are $10 each. If you desire expedited processing, you may opt for expedited service by paying an additional fee.
Step 3: Manage Your DBA
After completing your DBA registration, you can take various actions. But what if you want to make a change? For instance, what if you no longer want to use your assumed name? What options do you have?
To modify your DBA filing, simply submit the Certificate of Amendment of Certificate of Assumed Name form.
Alternatively, if you no longer wish to maintain your DBA, you can withdraw it by submitting the Certificate of Discontinuance of Assumed Name form. The advantage is that there’s no need for renewals since your Certificate of Assumed Name doesn’t have an expiration date.
Best DBA Filing Services to Register Fictitious Name in New York – NY DBA
Discover the exceptional services available for registering a fictional name in New York.
Bizee simplifies the process of filing a DBA in New York, also known as an assumed business name. You enter your company information, receive a cost estimate, and establish your new fictitious name. They manage all paperwork and registration tasks.
Alongside assisting with DBA filings, Bizee offers additional services. These include creating LLCs and Corporations, acquiring Employer Identification Numbers, and choosing a registered agent.
If you’re seeking assistance with submitting a Doing Business As (DBA) application in New York, BusinessRocket is an invaluable resource. This platform has been specifically designed to help entrepreneurs and business owners navigate the process easily and efficiently.
BusinessRocket simplifies the often intricate paperwork involved in DBA registration in New York by offering intuitive online tools and providing step-by-step guidance.
The goal of BusinessRocket is to streamline the entire process, guiding individuals through the legal requirements while ensuring that their chosen business name is unique and complies with New York regulations.
With features such as document preparation and filing help, BusinessRocket facilitates a seamless registration process for DBAs, supporting individuals in establishing their presence in New York.
Northwest Registered Agent is a trustworthy option for businesses seeking legal services in New York, including DBA filings. As a registered agent service, Northwest guarantees compliance with the state’s requirement to have a designated location.
This is important for businesses operating under an alternate name. Besides DBA filings, Northwest Registered Agent provides other essential compliance services such as annual report submissions and mail forwarding.
By offering these comprehensive solutions, Northwest ensures that businesses maintain good standing with the state while relieving business owners of administrative burdens. This allows them to focus on driving the growth of their enterprises confidently and without distraction.
ZenBusiness serves as a comprehensive platform for business services, catering to entrepreneurs at every stage of their journey, including filing a DBA in New York.
With an emphasis on simplicity and affordability, ZenBusiness offers a user-friendly online platform that guides individuals through the necessary steps to register a DBA in New York.
Besides conducting name availability checks, this service also prepares the required documentation and submits filings to the relevant authorities in New York.
Entrepreneurs can rely on ZenBusiness for ongoing support with compliance matters, making it an invaluable resource for those looking to establish their business identity in the state with no hassle or legal complications.
Which Types of Businesses Need to File a DBA in New York?
There are numerous varieties of business structures available. A few illustrations of different business classifications include:
- Sole Proprietorship
- General
- Limited Partnership
- Limited Liability Company (LLC)
- Corporation
There are significant distinctions between these various types of enterprises. Sole proprietorships are the most straightforward to establish since they don’t require formal documentation to be filed.
Sole proprietorships lack personal asset protection. This implies that business owners risk losing their personal assets, such as homes or vehicles, if their enterprise is sued. The legal name for a sole proprietorship or partnership is based on the owner’s personal name.
In contrast, LLCs and corporations provide limited liability. This means that owners of LLCs and corporations enjoy safeguarding their personal assets in case someone sues their business. The legal name used for an LLC or corporation is determined by the filing with the agency during its formation process.
To conduct business under a name different from the legal name of your business in New York State, it’s necessary to register a trade name. A sole proprietor must obtain a trade name if they don’t wish to operate their business using their first and last name.
Similarly, if the owner of an LLC doesn’t want to introduce new services under the existing business name on record, they must file for a DBA (Doing Business As). Partnerships must file for a Business Certificate for Partnerships, regardless of whether they use the legal business name.
File a DBA in New York – Frequently Asked Questions
If you’re still uncertain about the process of filing a DBA in New York, please read on for the information you need to find the answers you’re looking for.
Conclusion – File a DBA in New York
Anyone can follow our comprehensive guide to file a DBA in New York effortlessly. For a smoother experience, utilize Bizee’s expertise, a reliable service that simplifies DBA registration. Count on Bizee as your ally in establishing and strengthening your business identity. This collaboration ensures both efficiency and accuracy in the registration process.
